All fees hereinafter required shall be payable to the Township
Clerk at the time of filing any application for development. All permits,
determinations, resolutions or certificates of approval are subject
to the payment of all fees provided for in this chapter, and no approvals
shall be given by the Planning Board or Board of Adjustment until
proof has been submitted to them that the requisite fees have, in
fact, been paid to the Township Clerk.
[Amended 9-5-1986]
A.
All applicants for development to a municipal agency shall pay the
following fees:
(1)
Filing fee, to cover normal services required for processing all
applications for development and to be paid at the time an application
is filed:
[Amended 10-7-1988; 2-2-1996; 7-11-1997]
(d)
Zone change (fees include Master Plan amendment): $500; review
fee: $2,500.
(e)
Conceptual plan: $200; review fee: $400.
(f)
General development plan: $800; review fee: $100 per acre.
(g)
Special meetings: $500; review fee: N/A.
(h)
Board of Adjustment fees shall be charged on a per meeting basis
as follows:
[1]
Conditional use (N.J.S.A. 40:55D-67): $100.
[2]
Appeal (N.J.S.A. 40:55D-70a): $200; review fee: $500.
[Amended 6-5-2003 by Ord. No. 2003-15]
[3]
Interpretation (N.J.S.A. 40:55D-70b): $200; review fee: $500.
[Amended 6-5-2003 by Ord. No. 2003-15]
[4]
Variance (N.J.S.A. 40:55D-70c): $200; review fee: $500.
[Amended 6-5-2003 by Ord. No. 2003-15]
[5]
Use variance (N.J.S.A. 40:55D-70d): $200; review fee: $1,500.
[Amended 6-5-2003 by Ord. No. 2003-15]
[6]
Building permit appeal (N.J.S.A. 40:55D-36): $100.
[7]
Appeal to governing body (N.J.S.A. 40:55D-17): $100.
(2)
Review deposit. Filing fees are not intended to cover the costs of
the technical or legal reviews of plans and specifications by experts,
such as the Township Engineer, the Township Planning Consultant, the
Township or Board Attorney and any other professional experts and
consultants whose review, study, research and reports and/or testimony
is deemed necessary by the municipal agency in order to assure compliance
with state and Township laws, ordinances, rules and regulations. Each
applicant for development approval shall pay the Township fees equal
to the expense incurred by the Township for such technical/legal review
of the application.
(a)
The requirement of the payment of a review deposit at time of
filing may be waived by majority vote of the municipal agency if,
upon a preliminary review of the application and upon request of the
applicant, it appears that there will be no need for the type of review
contemplated by this subsection.[1]
(b)
In the event that the initial deposit made by an applicant is
not sufficient to cover all technical/legal review costs of the application
or, if during the consideration of an application, it becomes evident
that a review deposit which was previously waived will be necessary,
upon request by the Township, the applicant shall make such initial
or further deposit or deposits as may be necessary to cover further
technical/legal review costs. The additional deposit or deposits shall
be in the same sum as initially required by ordinance unless a higher
or lesser amount is requested, in writing, by the reviewing municipal
agency. Failure of an applicant to deposit the requested additional
deposit or deposits in escrow with the Township within 10 days of
receipt of the written request shall toll all time periods in the
application process.
[Amended 7-6-1990]
(c)
Each deposit for technical/legal review fees shall be held in escrow by the Township in accordance with § 160-53B of this chapter.
[Amended 3-8-1991]
(d)
The Township Clerk, or the Planning Board Secretary in the case
of applications pending before the Planning Board, shall certify the
costs of the technical/legal review of an application. Upon approval
by the municipal agency, such amounts shall be withdrawn from the
escrow account and paid over to the Township.
[Amended 3-8-1991]
(e)
Prior to any transfer from an escrow account, the Township Clerk,
or the Planning Board Secretary in the case of applications pending
before the Planning Board, shall notify the applicant of the nature
and amount of the costs which have been approved by the municipal
agency.
[Amended 3-8-1991]
(f)
An applicant may examine Township records with respect to that
applicant's escrow account and expenditures.
(g)
All deposits for technical/legal review fees shall be made prior
to the performance of the professional services which the deposit
is intended to cover, and the municipal agency shall not process and/or
take action on the application unless all deposits required shall
have been paid by the applicant in the manner described above.
(h)
After the completion of the review of an application for development
by the municipal agency or upon the withdrawal of an application and
after all technical/legal review costs have been paid, the Township
Treasurer shall refund to the applicant all deposit moneys remaining
in the escrow account, together with the interest, if any, which the
applicant is entitled to receive.
(i)
An applicant shall also sign an escrow agreement in a form approved
by the White Township Committee and Planning Board. Said agreement
shall provide for the disposition of unclaimed funds and also provide
for the payment of attorney fees and costs on delinquent accounts.
[Added 5-17-1996]
(3)
Construction inspection fee, to cover the cost of engineering inspection
of the installation of improvements to assure that construction is
accomplished in accordance with municipal approval.
(a)
As a condition of final action by a municipal agency on an application
and prior to commencing construction of required improvements in connection
with the project, the applicant shall pay a construction inspection
fee based on the cost of such improvements as estimated by the applicant
and approved by the Township Engineer and shall be submitted as follows:
|
Estimated Construction Cost of Required Improvements
|
Inspection Fee
| |
|---|---|---|
|
$5,000 or less
|
$200
| |
|
Over $5,000 and less than or equal to $10,000
|
$200, plus 4% of excess over $5,000
| |
|
Over $10,000 and less than or equal to $50,000
|
$400, plus 3 1/2% of excess over $10,000
| |
|
Over $50,000 and less than or equal to $75,000
|
$1,800, plus 3% of excess over $50,000
| |
|
Over $75,000 and less than or equal to $100,000
|
$2,550, plus 2 1/2% of excess over $75,000
| |
|
Over $100,000
|
$3,175, plus 2% of excess over $100,000
|
(b)
The requirement of the payment of a construction inspection
fee may be waived by majority vote of the municipal agency if, upon
review of the application and request by the applicant, it appears
that there will be no need for construction inspections.
(c)
In the event that the initial deposit made by an applicant is
not sufficient to cover all necessary construction inspection costs,
upon request by the Township, the applicant shall make such further
deposit or deposits as may be necessary to cover further construction
inspection costs. If an additional amount is required, no certificate
of occupancy shall be issued until said amount is paid.
(d)
Each deposit for construction inspection fees shall be held in escrow by the Township in accordance with § 160-53B of this chapter.
[Amended 3-8-1991]
(e)
The Township Clerk, or the Planning Board Secretary in the case
of applications pending before the Planning Board, shall certify the
costs of the construction inspection of the project. Upon approval
by the municipal agency, such amount shall be withdrawn from the escrow
account and paid over to the Township.
[Amended 3-8-1991]
(f)
Prior to any transfer from an escrow account, the Township Clerk,
or the Planning Board Secretary in the case of applications pending
before the Planning Board, shall notify the applicant of the nature
and amount of the costs which have been approved by the municipal
agency.
[Amended 3-8-1991]
(g)
An applicant may examine Township records with respect to that
applicant's escrow account and expenditures.
(h)
All deposits for construction inspection fees shall be made
prior to the performance of the professional services which the deposit
is intended to cover.
(i)
After the completion of the project or upon the withdrawal of
an application and after all construction inspection costs have been
paid from the escrow account for such application, the Township Treasurer
shall refund to the applicant all deposit moneys remaining in the
escrow account, together with the interest, if any, which the applicant
is entitled to receive.
(4)
Special meeting fee. In the event that a special meeting is held
for the benefit of an applicant or prospective applicant, a separate
fee of $100 shall be paid by the applicant or prospective applicant
prior to the commencement or scheduling of the special meeting. The
fee of $100 shall be separate from and in addition to any costs for
the Board's professionals' time, which costs shall also be the responsibility
of the applicant or prospective applicant.
[Added 11-1-1991]
(5)
Performance guarantee fee.
[Added 9-6-1996]
(a)
A cash deposit of not more than 10% of any performance guarantee
shall be made with the Township of White by the development applicant.
Said performance fee shall be held in an interest-bearing account
in the custody of the Chief Financial Officer of the Township of White
and shall be returned to the development applicant upon certification
by the Municipal Engineer that the project has been completed in accordance
with all of the engineering requirements.
(b)
In the event that the performance guarantee is required to be
drawn upon because of faulty performance or nonperformance, the depositor/developer
shall be given 10 days' notice of said intent to withdraw by certified
mail, return receipt requested, at the last address furnished to the
Township by said developer.
(c)
Following that notice the Township shall request a certification
from the Municipal Engineer of the cost of performing the work bonded.
Said sum shall be withdrawn from said account and applied to the cost
of completing or repairing said work as provided by the performance
guarantee. This withdrawal and application may be made regardless
of whether or not the municipality seeks recovery from the surety
or letter of credit.
B.
Funds on deposit.
(1)
Whenever an amount of money shall be deposited by an applicant with the municipality for technical/legal review fees pursuant to § 160-53A(2) or for construction inspection fees pursuant to § 160-53A(3) or to satisfy the performance or maintenance guaranty requirements of this chapter, the money, until repaid or applied to the purposes for which it was deposited, including the applicant's portion of the interest earned thereon, except as otherwise provided herein, shall continue to be the property of the applicant and shall be held in trust by the Township.
(2)
The Township Clerk, or the Planning Board Secretary in the case of
applications pending before the Planning Board, shall deposit the
money 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, and
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.
[Amended 3-8-1991]
(3)
The municipality 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 him by the municipality 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 municipality
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.
C.
The following fees shall be paid for the services or items listed:
(1)
List of property owners from current tax duplicate pursuant to P.L.
1975, c. 291, Section 7.1c (N.J.S.A. 40:55D-12c): $0.25 per name or
$10, whichever is greater.
(3)
Copy of a decision furnished to any party other than the applicant
or his attorney pursuant to P.L. 1975, c. 291, Sections 6h and 8g
(N.J.S.A. 40:55D-10h and 40:55D-17g): $10.
(4)
Publication of hearings or decisions of the Township Committee on
an appeal pursuant to P.L. 1975, c. 291, Sections 6i and 8a (N.J.S.A.
40:55D-10; and 40:55D-17a): cost of publication.
(7)
Certification of preexisting use or structure pursuant to N.J.S.A.
40:55D-68: $30.
(8)
Fees for construction permits, certificates of occupancy and signs shall be charged pursuant to the Construction Code of the Township (Chapter 110).
(9)
Zoning permit fee: $10.
[Added 7-3-2001]
