[Adopted 12-26-1996 by Ord. No. 96-21; amended in its entirety 4-21-2005 by Ord. No.
2005-05]
The purpose of this article is to provide for the establishment
of a fee schedule for the payment of fees with respect to all applications
submitted to the Borough pursuant to the Borough land use development
regulations.
A.
Fees to accompany application.
(1)
All applications, unless the escrow fee is waived as provided herein, must be accompanied at time of submission of the application by the fees and escrow amounts as set forth herein. These fees and escrow amounts shall consist of the sum of the following: (see § 202-13 below)
(a)
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
(b)
In Column B, a professional review escrow amount, which shall
be deposited into the professional review escrow account, maintained
by the Municipal Treasurer.
(2)
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 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 status of the applicant.
B.
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.
C.
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 the
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 fee 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.
An 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 may be of no more than 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 hours' 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 amount shall be paid by the applicant
promptly after the meeting.
Where an application for development includes several approval
requests, the sum of the individual required fees shall be paid.
The Zoning Board of Adjustment or the Planning 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: 1) a determination
that the fees would constitute an economic hardship upon the applicant;
2) the unique characteristics of the application, making collection
of the full fees substantially disproportionate to the regulatory
costs applicable to reviewing the application; or 3) for other good
cause established in the record.
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 hearing and meeting regarding
the application, any unused portion of this professional review escrow
account shall be refunded to the applicant simultaneously with payment
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.
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 schedule upon
request of the applicant and at the discretion of the Chairperson.
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 meeting time. Said professional review escrow amount shall be posted
by the applicant prior to or at the commencement of the meeting.
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.
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 $1,000. 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 to appropriately 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, to place into the professional review escrow account the amount indicated in the schedule in § 202-13. The amount required to be placed into the professional review escrow account for a complex application is to cover the costs of the extra review time provided by the Board's 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 Board's professional(s) on the applications. Prior to drawing monies out of the professional review escrow account, the Board's professional(s) shall submit an invoice to the Board Chairperson, or his/her designee, for approval. Following the conclusion of the hearing 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 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 the date of a written request filed with the Board.
On the application to be submitted to the Board. Prior to drawing
of 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.
This 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 or Zoning
Board of Adjustment of the Borough of Wallington.
The following administrative fees and escrow amounts shall apply
to the type of development application listed below:
|
Type of Development Application
|
(A)
Administrative Fee
|
(B)
Initial Escrow Amount
| |||
|---|---|---|---|---|---|
|
Minor subdivision, residential
|
$250 plus
$100 per lot
|
$750
| |||
|
Minor subdivision, containing any commercial or industrial use
|
$500 plus
$200 per lot
|
$1,200
| |||
|
Major subdivision
| |||||
|
Preliminary major subdivision
|
$500 plus
$200 per lot
|
$2,500
| |||
|
Final major subdivision
|
$250 plus
$100 per lot
|
$500 plus
$100 per lot
| |||
|
Site plan:
| |||||
|
Residential use
| |||||
|
Preliminary:
| |||||
|
Less than 4 dwelling units
|
$500
$2,500
|
$1,200
$2,000
| |||
|
Four or more dwelling units
| |||||
|
Final
|
$200 plus
$50 per unit
|
$2,000
| |||
|
Any nonresidential use
| |||||
|
Preliminary:
| |||||
|
Less than 5,000 square feet lot area
|
$500
|
$1,000
| |||
|
Lot area of between 5,000 and 7,500 square feet
|
$750
|
$1,250
| |||
|
Lot area of between 7,501 and 10,000 square feet
|
$1,000
|
$1,500
| |||
|
Lot area of between 10,001 and 15,000 square feet
|
$1,200
|
$1,750
| |||
|
Lot area of 15,001 or more square feet
|
$1,500
|
$2,000
| |||
|
Final
|
$500
|
$750
| |||
|
Planned retirement community
|
$2,500
|
$2,500
| |||
|
Planned development overall development
|
$2,500
|
$2,500
| |||
|
Other planned development as defined in N.J.S.A. 40:55D-6
|
$2,500
|
$2,500
| |||
|
Bulk variance pursuant to N.J.S.A. 40:55D-70c
| |||||
|
Application involving one- or two-family dwelling
|
$300 for the first variance
|
$500
| |||
|
$100 per additional variance
| |||||
|
Any other bulk variance application
|
$300 for the first variance
|
$500
| |||
|
$100 per additional variance
| |||||
|
Use variance pursuant to N.J.S.A. 40:55D-70d
|
$500
|
$1,000
| |||
|
Conditional use
|
$500
|
$1,000
| |||
|
Application under N.J.S.A. 40:55d-70A, appeals from administrative
official or agency
|
$100
|
$500
| |||
|
Interpretation pursuant to N.J.S.A. 40:55D-70b
|
$250
|
$500
| |||
|
Information conceptual review
| |||||
|
Proposed small-scale development lot area less than 7,500 square
feet
|
$250
|
$500
| |||
|
Proposed large-scale development lot area of 7,500 square feet
or more
|
$1,000
|
$1,500
| |||
|
Planning permit pursuant to N.J.S.A. 40:55D-34 and 40:55D-35
|
$250
|
$500
| |||
|
Special meeting regarding a development application[1]
|
$500
|
$750
| |||
|
Application for site plan waiver
[Amended 7-28-2005 by Ord. No. 2005-08] |
$250
| ||||
|
Legal/engineering
[Added 7-28-2005 by Ord. No. 2005-08] |
$500
| ||||
