[Amended by Ord. No. 1998-16; Ord. No. 1999-2; Ord. No. 1999-11; Ord. No. 1999-27; Ord. No. 2000-29; Ord. No. 2002-28; Ord. No. 2003-3; Ord. No. 2004-3; Ord. No. 2005-13; Ord. No. 2006-3; Ord. No. 2006-5]
[Added 3-10-2011 by Ord. No. 2011-4; amended 11-10-2011 by Ord. No. 2011-19]
A. 
General requirements:
(1) 
As a condition of a final subdivision and/or site plan approval, or any amended subdivision or site plan approval, the municipal agency (i.e., either the Ocean Township Planning Board or Board of Adjustment) may require an applicant to either install, or pay, his pro rata share of the costs of providing necessary circulation improvements, water, sewerage, drainage facilities, any other public improvement or facilities (i.e., public recreation, public buildings, public equipment), including land and easements and all items necessary to administer and maintain the Township's public functions, located off tract of the property limits of the subdivision or site plan, but which are necessitated or required by the development. "Necessary" improvements are those clearly and substantially related to the development in question.
(2) 
Whether the municipal agency has previously determined that such off-tract improvements are required, it shall be a condition of the granting of final approval or any amended approvals thereof, that such improvements be constructed or that the developer shall make payments toward the ultimate installation of off-tract improvements, such as but not limited to streets, curbs and gutters, sidewalks, water mains, sanitary sewers, storm sewers and culverts, monuments, streetlights, all in accordance with the specifications governing on tract improvements.
(3) 
The improvement and or widening of a stream or the construction of drainage or other improvements in a street or road fronting on the tract to be subdivided, improved and/or developed shall not constitute an off-tract improvement, and the cost of said improvement shall not be allotted but shall instead remain the responsibility of the applicant/developer.
(4) 
In addition to any other requirements of this chapter, in all major subdivisions, the developer shall be required to post an off-tract assessment in the amount of $500 per lot to be used for the purchase of stormwater collection and disposal system maintenance equipment to be used in the area containing the subdivision.
B. 
Cost allocation:
(1) 
Full allocation. In cases where off-tract improvements are necessitated by the proposed development, and where no other property owner or owners receives a special benefit thereby, the applicant may be required, at its sole cost and expense, and as a condition of approval, to provide and install such improvements.
(2) 
Proportionate allocation.
(a) 
Where it is determined that properties outside the development will also be benefited by the off-tract improvement, the following criteria shall be utilized in determining the proportionate share of the cost of such improvements to the developer:
[1] 
The appropriate land use agency may consider the total cost of the off-tract improvements, the benefits conferred upon the site or subdivision, the needs created by the site or subdivision, population and land use projections for the general areas of the site or subdivision and other areas to be served by the off-tract improvements, the estimated times of construction of off-tract improvements and the condition and periods of usefulness, which periods may be based upon the criteria of N.J.S.A. 40A:2-22. The land use agency may further consider the criteria set forth below:
[a] 
Road, curb, gutter and sidewalk improvements may be based upon the anticipated increase of traffic generated by the site or subdivision. In determining such traffic increase, the land use agency may consider traffic counts, existing and projected traffic patterns, quality of roads and sidewalks in the area and the other factors related to the need created by the site or subdivision and anticipated thereto.
[b] 
Drainage facilities may be based upon the percentage relationship between the site or subdivision acreage and the acreage of the total drainage basins involved, or upon calculations establishing the percentage contribution that the storm run off from a particular site or subdivision bears to the total design capacity of any improvement. The particular methods shall be selected in each instance by the appropriate land use agency's engineer.
[c] 
All potable water and sewerage facilities shall be computed as follows when allocation of such off-tract improvements is necessary.
Total cost of enlargement or improvement
Developer's Cost
=
Capacity of enlargement or improvement
Development share of enlargement or improvement
C. 
Escrow accounts.
(1) 
Where the proposed off-tract improvement is to be undertaken at some future date, the monies required for the improvement shall be deposited in an interest-bearing account to the credit of the Township and in a separate account until such time as the improvement is constructed. However, in the event such improvements have not been initiated for a period of seven years from the date of payment, after said time said funds will be transferred to the capital improvement fund of the municipality.
(2) 
The allocation of costs shall be determined by the appropriate land use agency. In the event the allocation has not been established by the appropriate land use agency at the time of approval, the allocation shall be established by the Township Committee after receiving the recommendation of the Township Engineer.
(3) 
In all cases, the applicant shall be required to enter into a developer's agreement with the Township of Ocean with respect to the installation and/or payment for their pro rata share of off-tract improvements in accordance with this chapter, as well as any other ordinances, policies, rules and regulations of Ocean Township, Ocean County, New Jersey or any other department, authority or agency having jurisdiction over same.
(4) 
Assessment not precluded. Nothing in this chapter shall preclude the municipality of assessing any property benefiting from the installation of any off-tract improvement as provided in this section pursuant to the revised statutes of the State of New Jersey, an allowance being made to the respective parcels of realty for payments herein.
The following fees shall be payable in connection with the following categories. Wherever for any type of category there is listed an administrative fee, said fee shall be nonrefundable and shall be used solely for the purpose of processing said application or review. It shall include all work done in connection with said application or review other than those fees charged for professional reviews. The escrow fee charged for application and reviews shall be used exclusively for professional reviews by the engineers/planners and/or attorneys employed by the municipality or any of its boards and agencies. Said escrow fee shall be so segregated for each applicant so that the fee that it pays shall be utilized only for the particular application. In the event any of the escrow remains unused at the conclusion of the application, said amount that is not utilized shall be returned to the applicant upon written request. If the escrow fee charged is insufficient so as to cover the professional fees applicable to that particular applicant, then that applicant shall be required to pay all deficiencies within his or her individual account.
Category
Application Fees
Escrow Fees
Variances
Appeals (N.J.S.A.: 40:55D-70a)
$150
$350
Special questions or interpretations (N.J.S.A. 40:55D-70b)
$110
$350
Hardship (N.J.S.A. 40:55D-70c)
Residential
$100
$500
Commercial
$500
$1,000
Unless the hardship variance sought is for a swimming pool, deck, shed or fence, which fee shall be:
$75
$250
Use of structure (N.J.S.A. 40:55D-70d)
Residential (single lot)
$250
$500
Residential (more than one lot)
$750
$1,500
Commercial
$1,000
$2,500
Construction permit in bed of mapped street or drainage right-of-way or lacking street frontage (N.J.S.A. 40:55D-34 or 40:55D-35)
$150
$400
Extensions
$150
$350
Informal/conceptual redevelopment agency
$350
$1,000
Conditional use
$200
$750
Minor subdivision
$400
$1,000 + $150 per lot
Major subdivision, preliminary
$1,000 + $125 per lot
$2,500 + $150 per lot
Major subdivision, final
$600
$1,000 + $150 per lot
Minor site plan
$350
$1,500
Major site plan, preliminary approval
$1,000
$2,500 + $850 per acre or part thereof
Major site plan, final approval
$600
$1,500 + $250 per acre or part thereof
Application for site plan exemption
$250
$500
Preapplication review for subdivision or site plan
$250
$500
Application for an extension of subdivision or site plan approval
$300
50% of original escrow deposit
Amended site plan
50% of full fee
50% of full fee
Amended subdivision
50% of full fee
50% of full fee
Zoning permit application
$50 per dwelling
Map filing (for all subdivision applications)
$250
Subdivision exemption application
$100
Planned residential community
General development application
$1,500
$5,000
Preliminary subdivision application
$1,000 plus $75 for each building lot proposed
$1,500 plus $100 for each building lot proposed
Final subdivision application
$500 plus $50 for each building approved
$100 for each building lot approved
Site plan application for clubhouse and other community infrastructure
$250
$500
Firesafety review
Major or site plan
$250
Major or subdivision
$500
Reinspection
$75
Special meeting requested by applicant
$3,000 for a maximum of one 3-hour hearing before the Planning Board or Board of Adjustment
Street and sidewalk opening fees — escrow fees
Up to 50 feet
$100
$250
Over 50 feet but less than 500 feet
$150
$250
Over 500 feet but less than 1,500 feet
$350
$350
Over 1,500 feet but less than 2,500 feet
$600
$350
Over 2,500 feet
$750
$500
When it has been determined that an escrow account has been depleted by two-thirds of the original fee, it shall be replenished by an additional one-third of the original escrow fee.
Where an application for land use development to the Board requires more than two professional reviews by Board's staff or consultants and/or more than two public hearings, subsequent to the initial filing or such application and prior to a final determination on such application, the applicant shall be required to pay an additional application fee in the amount representing 25% of the base application fee, as submitted under § 209-41 for each required additional procedure.
It shall be a condition of final site plan or subdivision approval that the applicant shall post an additional fee equal to 25% of the base fee as submitted under § 209-41 for each requested review of an application for compliance with the terms of the resolution granting such final approval. If, at the time of resolution compliance, the Board secretary determines that funds exist in the applicant's posted escrow account greater than or equal to 25% of the base escrow fee, then no additional escrow funds will be required of the applicant or resolution compliance reviews by the board's professionals.
Please note that an application for variance, site plan or subdivision approval may require the approval of outside federal, state and county agencies. You should, therefore, consult with an attorney or a licensed engineer or architect regarding the need for these additional approvals. In addition, the Ocean Township Planning Board/Board of Adjustment does not have jurisdiction regarding building and/or fire subcode requirements relating to the proposed improvements. Therefore, you should consult with a licensed architect regarding the requirements for the issuance of the building permit.
Fees and charges for proposed redevelopment in the Township's redevelopment zones.
A. 
The following fees shall be payable in connection with submittals to the Township Committee of the Township of Ocean for all projects located within a duly designated redevelopment zone of the municipality. Said fee shall be nonrefundable and shall be used solely for purposes of processing said application or review. It shall include all work done in connection with said application or review other than those fees charged for professional services. The escrow fee charged for review shall be used exclusively for professional reviews by the "architects, engineers, planners and/or attorneys" employed by the municipality. Said escrow fees shall be so segregated for each application so that the fee to be paid shall be utilized only for the particular project. In the event any of the escrow remains unused at the conclusion of the application, said amount that is not utilized shall be returned to the applicant upon written request. If the escrow fee charged is insufficient so as to cover the professional fees applicable to that particular project, then that applicant shall be required to pay all deficiencies within his or her individual account. When it has been determined that an escrow account has been depleted by two-thirds of the original fee, same shall be replenished by an additional one-third of the original escrow fee.
B. 
The following fees shall be established for review by the Township Committee for projects within a duly designated redevelopment area.
Application Fee
Escrow Fee
Residential (single lot)
$350
$500
Residential (more than one lot)
$750
$2,500
Commercial
$1,250
$5,000
C. 
In addition, any escrow fees remaining on account after the conclusion of review by the Township's redevelopment entity may be utilized for purposes of escrow deposits for applications before the Township's Planning Board or returned to the applicant at the applicant's option. All such escrow fees shall be maintained in accordance with the provisions of the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
[Added 10-12-2017 by Ord. No. 2017-13]
A. 
Pursuant to the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., applicants for development before the Township's Land Use Boards are required to establish and maintain an escrow account so as to cover professional fees incurred by the Land Use Board for review of the applicant's plan for development. In addition, Township ordinances require those applicants seeking to appear before the Township's designated redevelopment entity are likewise required to establish and maintain certain escrow accounts to cover professional fees incurred by the designated redevelopment entity for review of applicant's plans. At times, applicants for development and/or redevelopment fail to maintain said escrow accounts resulting in the applicant receiving the benefit of the services provided by the Board's professionals and requiring the municipality to attempt to collect funds by way of a civil proceeding at great cost and expense to the taxpayers. It is the intention of this section to establish a municipal ordinance violation for failure of an applicant for development or redevelopment to maintain the necessary balance in their escrow account after being notified to do so, and establishing penalties with respect thereto.
B. 
Failure to maintain appropriate escrow account. Any applicant for development or redevelopment before an Ocean Township Land Use Board or the Township's designated redevelopment entity, who is required by ordinance to establish and/or maintain an escrow account, and who fails to provide sufficient funds in said account after being notified to do so by the Township of Ocean, shall be considered to have violated the terms and conditions of this section.
(1) 
A violation of the provisions of this section shall be enforceable in the Municipal Court of the Township of Ocean, and a complaint with respect thereto may be issued by the Township Clerk, Township Administrator, Township's Chief Financial Officer, Township Treasurer, Township Assistant Treasurer, Planning Board Secretary, Zoning Board Secretary or Township Code Enforcement Officer.
(2) 
A certification from the Township's Chief Financial Officer and/or Treasurer or Assistant Treasurer that an applicant for development or redevelopment was provided notice, by way of regular mail and certified mail, with a return receipt, that their escrow account was deficient, and that 30 days have elapsed since notice was sent by way of regular mail to the applicant for development or redevelopment, and said escrow account has not been replenished during that period of time, shall constitute prima facie evidence that the applicant for development or redevelopment has violated the terms of this section.
C. 
Penalty. Any person or entity who violates the terms and conditions of this section shall be subject to a fine of not less than $250 and no more than $1,000 for each such violation. Each separate day that a violation continues, meaning for each separate day that the escrow account remains deficient, after notification has been provided to replenish same, shall be considered a separate and distinct violation.