[Adopted 10-6-1986]
Every application for a site plan review by the Planning Board
or a review or hearing before the Board of Adjustment shall be accompanied
by a check payable to the Township of Liberty in accordance with the
following schedule:
A.Â
Application fee. The following application fees covering administration
and overhead shall be charged to the applicant for a site plan and
shall be collected by the Township Clerk or by such person that may
be appointed as Board Secretary at the time of submission of an application
to the Planning Board or Board of Adjustment for approval:[1]
[Amended 6-3-1991 by Ord. No. 8-91; 9-8-1997 by Ord. No. 97-10]
[1]
Editor's Note: Actual fees have been removed from this subsection,
having been superseded by subsequent legislation. See now the Land
Development Fee Schedule located at the end of this chapter.
B.Â
Review deposit. The following deposits shall be submitted by the
applicant at the time of submission of an application to the Planning
Board or Board of Adjustment for approval. Said deposit shall cover
the cost of engineering, legal and professional planner review and
documentation fees and disbursements:[2]
[Amended 6-3-1991 by Ord. No. 8-91; 9-8-1997 by Ord. No. 97-10]
(1)Â
Preliminary site plan.
(2)Â
Final site plan.
(3)Â
Minor site plan.
(4)Â
The township shall tabulate the costs of the Planning Board or Board
of Adjustment and Township Engineer, Planner and Attorney, their staffs
and any additional experts required for a proper review and documentation.
These costs shall be deducted from the engineering/planning/legal
review fee deposit. Where the review costs exceed or are anticipated
to exceed the review fee deposit, the applicant shall pay the additional
amount prior to the signing of any site plan or the release of any
resolution. Failure to remit the additional required deposit within
15 days of such request shall render the application incomplete, and
no further proceedings or action shall be taken by the Planning Board
or Board of Adjustment until after compliance. Where the review fee
costs are less than the review fee deposit, the difference shall be
refunded to the applicant if so requested by the applicant within
120 days of the signing of the site plan.
(5)Â
Site plan resubmission: each resubmission of a site plan previously
withdrawn by the applicant or disapproved by the Planning Board or
Board of Adjustment.
[2]
Editor's Note: Actual fees have been removed from this subsection,
having been superseded by subsequent legislation. See now the Land
Development Fee Schedule located at the end of this chapter.
C.Â
Engineering/inspection fees and costs associated with site plans.[3]
(1)Â
The applicant shall estimate the costs of improvements required as
part of the site plan approval by the Planning Board and shall submit
the same to the Township Engineer, who shall then tabulate an inspection
fee deposit to cover the costs of inspection of the construction of
the improvements on the site. The amount of the deposit shall be based
upon the estimated costs of improvements.
(2)Â
The inspection fee deposit shall be paid to the Township Clerk or
such person that may be appointed as Board Secretary prior to final
approval of the site plan. In the event that the inspection costs
are less than the inspection fee deposit, the difference shall be
refunded to the applicant if so requested by the applicant within
120 days of the completion of the improvements.
[3]
Editor's Note: Actual fees have been removed from this subsection,
having been superseded by subsequent legislation. See now the Land
Development Fee Schedule located at the end of this chapter.
A.Â
Application for minor subdivision:
(1)Â
Filing fee.[1]
(a)Â
The following application filing fees, covering administration
and overhead, shall be charged to the subdivider for a minor subdivision
and shall be collected by the Township Clerk or by such person that
may be appointed as Board Secretary at the time of submission of an
application of the Planning Board for approval:
(b)Â
The application fee is a flat fee to recover administrative
expenses, including the initial intake of the application, the distribution
of the same, and is nonrefundable. This shall include all time spent
by professionals at regularly scheduled meetings.
[Added 5-6-1996 by Ord. No. 96-12]
[1]
Editor's Note: Actual fees have been removed from this subsection,
having been superseded by subsequent legislation. See now the Land
Development Fee Schedule located at the end of this chapter.
(2)Â
Review deposit. The following deposit shall be submitted by the subdivider
at the time of submission of an application to the Planning Board
for approval. Said deposit shall cover the cost of engineering, legal
and professional planner review and documentation fees and disbursements:[2]
[Amended 9-8-1997 by Ord. No. 97-10]
(a)Â
Lot line adjustment not creating any additional building lot.
(b)Â
Minor subdivision creating one or more new lots.
[2]
Editor's Note: Actual fees have been removed from this subsection,
having been superseded by subsequent legislation. See now the Land
Development Fee Schedule located at the end of this chapter.
(3)Â
The township shall tabulate the costs of the Planning Board, Township
Engineer, Planning Board Engineer, Planner and Planning Board Attorney,
their staffs and any additional experts required for a proper review
and documentation. These costs shall be deducted from the engineering/planning/legal
review fee deposit. Where the review costs exceed or are anticipated
to exceed the review fee deposit, the subdivider shall pay the additional
amount prior to the signing of any plat. Failure to remit the additional
required deposit within 15 days of request shall render the application
incomplete, and no further proceedings or action shall be taken by
the Planning Board until after compliance. Where the review fee costs
are less than the review fee deposit, the difference shall be refunded
to the subdivider if so requested within 120 days of the signing of
the plat.
B.Â
Application for major subdivision:
(1)Â
Filing fee.[3]
(a)Â
The following application filing fees covering administration
and overhead shall be charged to the subdivider for a major subdivision
and shall be collected by the Township Clerk or by such person that
may be appointed as Board Secretary at the time of submission of an
application to the Planning Board for approval:
[Amended 9-8-1997 by Ord. No. 97-10]
(b)Â
The application fee is a flat fee to recover administrative
expenses, including the initial intake of the application, the distribution
of the same, and is nonrefundable. This shall include all time spent
by professionals at regularly scheduled meetings.
[Added 5-6-1996 by Ord. No. 96-12]
[3]
Editor's Note: Actual fees have been removed from this subsection,
having been superseded by subsequent legislation. See now the Land
Development Fee Schedule located at the end of this chapter.
(2)Â
Review deposit. The following deposit shall be submitted by the subdivider
at the time of submission of an application to the Planning Board
for approval. Said deposit shall cover the cost of engineering, legal
and professional planner review and documentation fees and disbursements.[4]
[Amended 9-8-1997 by Ord. No. 97-10]
(a)Â
Concept plat for major subdivision.
(b)Â
Preliminary plat for major subdivision.
(c)Â
Final plat for major subdivision.
[4]
Editor's Note: Actual fees have been removed from this subsection,
having been superseded by subsequent legislation. See now the Land
Development Fee Schedule located at the end of this chapter.
(3)Â
Tabulation and refund of deposit. The township shall tabulate the
costs of the Planning Board and Township Engineer, Planner and Attorney,
their staffs and any additional experts required for a proper review
and documentation. These costs shall be deducted from the engineering/planning/legal
review fee deposit. Where the review costs exceed or are anticipated
to exceed the review fee deposit, the subdivider shall pay the additional
amount prior to the signing of any plat. Failure to remit the additional
required deposit within 15 days of such request shall render the application
incomplete, and no further proceedings or action shall be taken by
the Planning Board until after compliance. Where the review fee costs
are less than the review fee deposit, the difference shall be refunded
to the subdivider if so requested within 120 days of the signing of
the plat.
C.Â
Engineering/inspection fees and costs associated with subdivisions.[5]
(1)Â
The applicant shall estimate the costs of improvements required as
part of the subdivision approval by the Planning Board and shall submit
the same to the Township Engineer, who shall then tabulate an inspection
fee deposit to cover the costs of inspection of the construction of
the improvements on the site. The amount of the deposit shall be based
upon the estimated costs of improvements.
(2)Â
The inspection fee deposit shall be paid to the Township Clerk or
such person that may be appointed as Board Secretary prior to final
approval of the subdivision. In the event that the inspection costs
are less than the inspection fee deposit, the difference shall be
refunded to the applicant if so requested within 120 days of the completion
of the improvements.
[5]
Editor's Note: Actual fees have been removed from this subsection,
having been superseded by subsequent legislation. See now the Land
Development Fee Schedule located at the end of this chapter.
D.Â
Special meetings. Where a reviewing board convenes a special meeting
for the purpose of hearing an application on an evening not otherwise
scheduled for Planning Board business, a fee[6] shall be paid by the applicant requesting such meeting.
This fee is intended to defray the costs to the township for its professionals,
including the Board Secretary, Planner, Engineer and Attorney, as
well as cost attendant to the processing of such special request in
conducting such special meeting.
[Added 9-8-1997 by Ord. No. 97-10]
[6]
Editor's Note: Actual fees have been removed from this subsection,
having been superseded by subsequent legislation. See now the Land
Development Fee Schedule located at the end of this chapter.
E.Â
Tax Map maintenance fees.[7]
[Added 2-3-2000 by Ord. No. 2000-1]
(1)Â
The following fees shall be paid by the applicant at the time of
passage of a resolution of subdivision approval by the Planning Board
or the Board of Adjustment of the Township of Liberty for the cost
of making updates and modifications to the Tax Maps of the Township
of Liberty relating to said applications:
(2)Â
Payment of the fees required hereunder shall be an express condition
of any subdivision approval granted by either the Liberty Township
Planning Board or the Liberty Township Board of Adjustment, as the
case may be.
[7]
Editor's Note: Actual fees have been removed from this subsection,
having been superseded by subsequent legislation. See now the Land
Development Fee Schedule located at the end of this chapter.
Prior to the start of any site plan and/or major subdivision
construction, including but not limited to clearing or grading, a
separate cash performance guaranty for soil erosion and sedimentation
control shall be posted. The amount of the guaranty shall be $100
per lot for subdivisions and/or $100 per building for site plans with
typical soil erosion and sedimentation control problems; however,
the township may require an increased amount upon receiving written
recommendation from the Township Engineer citing critical soil and/or
slope conditions. In the event of noncompliance with the provisions
of the approved soil erosion and sedimentation control plan, the township
may issue a written notice to the developer. After 72 hours have lapsed
from receipt of said notice, the township shall have the option to
take corrective actions and charge the cost of corrective actions
against the cash performance guaranties.
A.Â
No petition, application or other document submitted by an applicant
pursuant to the terms of this Part 2 shall be considered by the Board
of Adjustment or Planning Board, as the case may be, until the applicant
shall have paid to the Township of Liberty, in cash, whichever of
the following fees is appropriate:[1]
(1)Â
For each appeal seeking relief from alleged errors in any order,
requirement, decision or refusal made by any administration official
of the Township of Liberty in the enforcement of any land use regulation
(petition for relief pursuant to N.J.S.A. 40:55D-70a).
[Amended 8-1-1994 by Ord. No. 15-94]
(2)Â
For proceedings seeking the issuance of a conditional use permit
application pursuant to N.J.S.A. 40:55D-67.
(4)Â
For proceedings seeking the granting of a variance pursuant to N.J.S.A.
40:55D-70c:
[Amended 8-1-1994 by Ord. No. 15-94]
(5)Â
For proceedings seeking the granting of a use variance pursuant to
N.J.S.A. 40:55D-70d.
[Amended 8-1-1994 by Ord. No. 15-94; 9-8-1997 by Ord. No. 97-10]
(7)Â
For any other proceedings other than those expressly listed above
for which a hearing on an application is required.
(8)Â
Where subdivision or site plan review, or both, are required, the
above-stated fees shall be in addition to those fees required for
subdivision or site plan review.
(9)Â
The township shall tabulate the costs of the Planning Board or Board
of Adjustment and Township Engineer, Planning Board Engineer, Planner
and Planning Board Attorney, their staffs and any additional experts
required for a proper review and documentation. These costs shall
be deducted from the engineering/planning/legal review fee deposit.
Where the review costs exceed or are anticipated to exceed the review
fee deposit, the applicant shall pay the additional amount prior to
the adoption of any resolution approving any variance and the signing
of any site plan, subdivision plat or subdivision deed.
[1]
Editor's Note: Actual fees have been removed from this subsection,
having been superseded by subsequent legislation. See now the Land
Development Fee Schedule located at the end of this chapter.
B.Â
Escrow fund. Deposits or escrow funds are required in connection
with subdivision and site plan applications. No additional deposits
or escrow funds shall be required for variance applications.
Prior to the review of or discussion by the Planning Board of
any concept plan for a development for which the applicant intends
to prepare and submit a formal application for development, the applicant
shall pay to the Planning Board Secretary an application and review
fee, which fee shall be nonrefundable, but which fee shall be credited
toward any fees required to be paid for submission of a subsequent
formal application for development for the same project which was
the subject of a concept plan review.
[1]
Editor's Note: Actual fees have been removed from this section,
having been superseded by subsequent legislation. See now the Land
Development Fee Schedule located at the end of this chapter.
A.Â
Prior to the review of or discussion by the Planning Board of any
request for rezoning and/or amendments to the existing Township Master
Plan, the applicant shall pay to the Planning Board Secretary a nonrefundable
application fee.
B.Â
In addition thereto, the applicant shall also pay a review deposit
to be used to cover the cost of engineering, legal and professional
planner services rendered to the Planning Board in response to such
rezoning request.
C.Â
The township shall tabulate the costs of the Planning Board, Township
Engineer, Planning Board Engineer, Planner and Planning Board Attorney,
their staffs and any additional experts required for a proper review
and documentation. These costs shall be deducted from the engineering/planning/legal
review fee deposit. Where the review costs exceed or are anticipated
to exceed the review fee deposit, the applicant shall pay the additional
amount prior to the rendering of a final decision on the request by
the Planning Board. Failure to remit the additional required deposit
within 15 days of request shall render the application incomplete,
and no further proceedings or action shall be taken by the Planning
Board until after compliance. Where the review fee costs are less
than the review fee deposit, the difference shall be refunded to the
applicant if so requested within 120 days of the final decision by
the Planning Board.
[1]
Editor's Note: Actual fees have been removed from this section,
having been superseded by subsequent legislation. See now the Land
Development Fee Schedule located at the end of this chapter.
The Zoning Officer shall charge a nonrefundable fee of $10 for
issuance of any zoning clearance.
[1]
Editor's Note: Actual fees have been removed from this section,
having been superseded by subsequent legislation. See now the Land
Development Fee Schedule located at the end of this chapter.
[Amended 6-1-1992 by Ord. No. 15-92; 7-11-1994 by Ord. No. 12-94; 5-6-1996 by Ord. No. 96-12]
A.Â
The escrow account is established to provide payment for technical
and professional costs of the review of applications, review and preparation
of documents, and are based on the fee schedule of this section.
B.Â
No construction or disturbance of land shall be authorized until
all inspection fees have been paid to the township. Verification of
said payment shall be certified to by the Chief Financial Officer
of the township. The applicant shall pay a sum not to exceed, except
for extraordinary circumstances, the greater of $500 or 5% of the
cost of improvements, which cost shall be determined pursuant to law.
For those developments for which the reasonably anticipated fees are
less than $10,000, fees may, at the option of the applicant, be paid
in two installments, and the initial payment deposited by the applicant
shall be 50% of the reasonably anticipated fees. When the balance
of deposit drops to 10% of the reasonably anticipated fees because
the amount deposited by the applicant had been reduced by the amount
paid to the Township Engineer for inspection, the applicant shall
deposit the remaining 50% of the anticipated inspection fees. For
those developments for which the reasonably anticipated fees are $10,000
or greater, fees may, at the option of the applicant, be paid in four
installments. The initial amount deposited by the applicant shall
be 25% of the reasonably anticipated fees. When the balance of deposit
drops to 10% of the reasonably anticipated fees because the amount
deposited by the applicant has been reduced by the amount paid to
the Township Engineer for inspection, the applicant shall make additional
deposits of 25% of the reasonably anticipated fees. The Township Engineer
shall not perform any inspections if sufficient funds to pay for those
inspections are not on deposit.
C.Â
All deposits for technical, professional review and inspection fees
shall be kept in an escrow account for that purpose by the township.
This account shall be managed by the Chief Financial Officer of the
township, who shall administer the same in accordance with the terms
of this section.
D.Â
Whenever an amount of money in excess of $5,000 shall be deposited
by an applicant with the township for professional services employed
by the township or the approving board to review applications for
development, for municipal inspection fees in accordance with this
section, the money, until repaid or applied to the purposes for which
it deposited, including the applicant's portion of the interest earned
thereon, except as otherwise provided by law, shall continue to be
the property of the applicant and shall be held in trust by the township.
Money deposited shall be held in escrow. The township receiving the
money shall deposit it in a banking institution or savings and loan
association in this state insured by an agency of the federal government
or in any other fund or depository approved for such deposits by the
state, in an account bearing interest at the minimum rate currently
paid by the institution or depository on time or savings deposits.
The Chief Financial Officer shall notify the applicant, in writing,
of the name and address of the institution or depository in which
the deposit is made and the amount of the deposit. 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, that entire amount shall belong to the applicant and
shall be refunded to the applicant by the township annually or at
the time the deposit is repaid or applied to 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
1/3 of the entire amount which shall be in lieu of all other administrative
and custodial expenses.
[Amended 9-8-1997 by Ord. No. 97-10]
E.Â
The Chief Financial Officer of the township shall make all of the
payments to professionals for services rendered to the township or
approving board for review of applications for development, review
and preparation of documents, inspection of improvements or other
purposes under this article. Such fees or charges shall be based upon
the ordinances herein. The application review and inspection charges
shall be limited only to professional charges for review of applications,
including review time spent at meetings of the approving board, review
and preparation of documents and inspections of developments under
construction and review by outside consultants when the application
is of a nature beyond the scope of the expertise of the professionals
normally utilized by the township. The only costs that shall be added
to any such professionals or consultants include normal and typical
expenses incurred in processing applications and inspecting improvements.
The charges by professionals shall be at the same rate as all other
work of the same nature by the professional for the township when
fees are not reimbursed or otherwise imposed on applicants or developers.
The Chief Financial Officer of the township shall administer the review
and escrow fees as follows:
(1)Â
Each payment charged to a 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 for each date the
service is performed, the hours spent to one-fourth-hour increments,
the hourly rate and the expenses incurred. 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 of the township. 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. The Chief Financial Officer of the township shall prepare
and send to the applicant a statement which shall include an accounting
of the 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 the monthly charges exceed $1,000.
If an escrow account or deposit contains insufficient funds to enable
the township or approving board to perform required application reviews
or improvement inspections, the Chief Financial Officer of the township
shall provide the applicant with a written notice of the insufficient
escrow or deposit balance. In order for work to continue on the development
or the application, the applicant shall within 10 days, post a deposit
to the account in an amount to be agreed upon by the township or the
approving board and the applicant. With regard to review fees, if
the applicant fails to make said deposit within the time prescribed
herein, the approving board shall be authorized to dismiss the application
without prejudice subject to the right of the applicant to seek reinstatement
of said application by written notice to the Chief Financial Officer
that the deposits have been posted. The application will be reinstated
upon written notification by the Chief Financial Officer to the approving
board that said deposits are in fact posted. In the interim, any required
health and safety inspections shall be made and charged back against
the replenishment of funds. With regard to inspection fees, the Township
Engineer shall not perform any inspection if insufficient funds to
pay for the inspections are not on deposit. Failure to post or maintain
balances in accordance with the requirements of these sections will
subject the developer to a stop-work order and/or suspension of construction
permits.
(2)Â
The applicant and Chief Financial Officer shall follow the following
close-out procedures for all deposits and escrow accounts established
herein. Said procedures shall commence after the approving authority
has granted final approval of the development application, including
completion of all conditions of said approval, and/or has signed the
appropriate subdivision map or deed, or after all of the improvements
have been approved. The applicant shall send written notice by certified
mail to the Chief Financial Officer of the township and the approving
board and to the relevant township 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 has been put within 45 days of the
receipt of the final bill. Any balances remaining in the deposit or
escrow account, including interest, shall be refunded to the applicant
along with the final accounting.
(3)Â
All professional charges for review of the 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 for construction review. Fees shall be charged only
in connection with the application for development presently pending
before the approving authority or upon review of compliance with conditional
amendments made by the applicant. The professionals shall not review
items which are subject to approval by any state governmental agency
and not under municipal jurisdiction except to the extent consultation
with the state agency is necessary due to the extent of state approval
on the subdivision or site plan. 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.
(4)Â
If the township retains a different professional or consultant in
the place of the professional originally responsible for development,
application review or inspection of improvements, the township or
approving board 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 board shall not bill the applicant
or charge the deposit or the escrow account for any such services.
[Added 7-12-1993 by Ord. No. 12-98]
Pursuant to Chapter 43, Certificates of Compliance, a fee of $25 shall be paid to the municipality in accordance with an application by a property owner for a certificate of compliance inspection and certificate.
[1]
Editor's Note: Former § 72-45, Bond for damage to
roadway by construction vehicle, added 11-2-1987, was repealed 7-5-1988.
