Borough of Lincoln Park, NJ: Inspection and professional service fees.

§ 17-5.1 Development review fees.

The developer shall, at the time of filing an application, pay the following nonrefundable fee to the clerk of the municipal agency by certified check or money order. Proposals involving more than one use shall pay a fee equaling the sum of the fees for the component elements of the plat. Proposals requiring a combination of approvals, such as subdivision, site plan and/or variance, shall pay a fee equal to the sum of the fee for each element.

Application Category	Application/ Component Type	Computation Methodology	Development Review Fee
Minor subdivision	Concept review	Application	$100
	Application	Application	$300
	Amendment	Base application	(Follow new application process)
Major subdivision	Concept review	Lump sum	$100
	Preliminary application/plat	Base application	$250
		Additional: per lot	$100
	Amendment to preliminary plat, prior to submission of an administratively complete final plat	Application	(Follow new preliminary application process)
	Request time extension for an approved preliminary plat, prior to submission of an administratively complete final plat	Application	$250
	Final plat/application	Base application	$200
		Additional: per lot	$75
	Amendment to an approved final plat	Application	(Follow new application process)
	Request time extension for final approval	Application	$200
Site plan exemption	Request time extension for final approval	Application	$150
Minor site plan	Minor site plan	Concept review	$150
		Application	$250
Major site plan	Major site plan, nonresidential	Concept review	$200
	Major site plan, nonresidential - preliminary	Base application	$250
		Additional/1,000 square foot increment (or portion thereof) of proposed building floor area	$50
		Additional/1,000 square foot increment (or portion thereof) of proposed impervious cover, other than building	$50
		Additional/1,000 square foot increment (or portion thereof) of existing building floor area or existing impervious cover that is to be altered, modified and/or be converted, in any way	$25
	Amendment to an approved preliminary plan, prior to the submission of an administratively complete final plan	Application	(Follow new application process)
	Request time extension for an approved preliminary plan, prior to the submission of an administratively complete final plan	Application	$250
	Major site plan, residential - preliminary	Concept review	$250
		Application	500 + $50/dwelling unit
	Amendment to an approved preliminary plan, prior to submission of an administratively complete final plat	Application	(Follow new application process)
	Request time extension for an approved preliminary plan, prior to the submission of an administratively complete final plan	Application	$250
	Major site plan, nonresidential - final	Base application	$200
		Additional/1,000 square foot increment (or portion thereof) of existing building floor area	$50
		Additional/1,000 square foot increment (or portion thereof) of existing building floor area or existing impervious cover, other than building	$50
		Additional/1,000 square foot increment (or portion thereof) of existing building floor area or existing impervious cover that is to be altered, modified and/or be converted, in any way	$25
	Amendment to an approved final plan	Application	(Follow new final application process)
	Request time extension for an approved final approval	Application	$150
	Major site plan, residential - final	Application	$500
	Amendment to an approved final plan	Application	(Follow new final application process)
	Request time extension for an approved final approval	Application	$150
Conditional use	Same as for site plan	(See above for the respective category of the proposed activity)	(See above for and follow the respective category of the proposed activity)
		Subdivision	See "subdivision" above
		Site plan	See "site plan" above
Flood damage prevention/ floodplain encroachment	Application	1- and 2-family detached dwellings	$100
		All other uses	$250
	Variances from requirements	1- and 2-family detached dwellings	$75
		All other uses	$250
Grading permit	1- and 2-family detached dwellings	Up to 5,000 square feet of disturbance	$50
		Over 5,000 square feet of disturbance	$100
	All other uses	Up to 5,000 square feet of disturbance	$200
		Over 5,000 square feet of disturbance	$250
	Amendment to an approved plan, prior to project completion or receipt of a certificate of occupancy	Based on 1/2 of the above-described categories, respectively	(Follow new application process for the respective category)
Soil removal	Application	Application	$300
	Issuance of permit after municipal approval	Per acre (or portion thereof) of land disturbance	$500
Zoning permit	Application	1- and 2-family detached dwellings	$50
		All other uses	$100
Variances	Appeal of administrative decision	1- and 2-family detached dwellings	$75
		All other uses	$200
	Interpretation of Chapter 28, Zoning	1- and 2-family detached dwellings	$75
		All other uses	$200
	Hardship/bulk variance	1- and 2-family detached dwellings	$100
		All other uses	$300
	Use variance	1- and 2-family detached dwellings	$100
		All other uses	$500
	File an appeal with the governing body	Per appeal	$200
Developer's agreement: after Board approval, upon application to the governing body for the approval/permit issuance			$250
Rezoning request submission to the governing body			$500
Signs	Application	Per use, occupant or individual facility	$100
Impact statements	Traffic study	Required for applications creating more than 50 dwelling units or more than 40,000 square feet of nonresidential floor area, or more than 20 seats for a food establishment, or pro rata combination of the 3	$250
	Environmental	Required for applications creating more than 50 dwelling units or more than 40,000 square feet of nonresidential floor area, or more than 20 seats for a food establishment, or pro rata combination of the 3 or within the NJDEP flood hazard area	$250
	Fiscal	Required for applications creating more than 100 dwelling units or more than 80,000 square feet of nonresidential floor area, or more than 40 seats for a food establishment, or pro rata combination of the 3	$250
Special meetings	Application	When requested by applicant and agreed to by Borough	$100

Notes/Comments:
1.	All indicated application fees are to be calculated in the aggregate, as applications falling into multiple categories are to pay the combination of all incremental application fees.

§ 17-5.2 Inspection and professional service fees.

Inspection fees. The developer shall reimburse the Borough for all reasonable inspection fees paid to the municipal agency engineer for the inspection of improvements covered by performance guarantees, provided that the Borough may require of the developer a deposit for the inspection fees in an amount not to exceed, except for extraordinary circumstances, the greater of $500 or 5% of the cost of improvements. In the event that final approval is by stages or sections of development, the provisions of this section shall be applied by stage or section.

Professional service fees. The developer shall also make all of the payments to the municipal agency attorney, planner, engineer and any other professionals for service rendered to the Borough for review of applications for development, review and preparation of documents, inspection of improvements or other purposes under the provisions of N.J.S.A. 40:55D-1 et seq. The Borough may require of the developer a deposit toward anticipated municipal expenses for those professional services which shall be placed in an escrow account. The amount of the deposit required shall be reasonable in regard to the scale and complexity of the development. All payments charged to the deposit shall be pursuant to vouchers from the professional stating the hours spent to 1/4 hour increments, for each date that the service is performed, the hourly rate and the expenses incurred. The professional shall send an information copy of all vouchers to the Chief Financial Officer of the Borough and an information copy simultaneously to the developer. The Borough shall render a written final accounting to the developer on the uses to which the deposit was put. The Chief Financial Officer shall prepare and send to the developer a statement which shall include an accounting of funds listing all deposits, interest earnings, disbursements and the cumulative balance of the escrow account. This information shall be prepared on a quarterly basis if monthly charges are $1,000 or less or on a monthly basis if monthly charges exceed $1,000. To the extent that salary, staff support and overhead for a professional are provided by the Borough, the charge to the deposit shall not exceed 200% of the sum of the products resulting from multiplying the hourly base salary of each of the professionals by the number of hours spent by the respective professional on review of the application for development or the developer's improvements, as the case may be. For other work of the same nature by the professional for the Borough, inspection and professional service fees shall be escrowed in accordance with the following schedule.

Fee schedule.

Application Category	Application/ Component Type	Computation Methodology	Escrow Fee Deposit
Minor subdivision	Concept review	Application	$1,000
	Application	Application	$2,000
	Inspection and professional services fee	5% of Borough-approved estimate for all required improvements	5% of improvement costs; $1,500 minimum
	Amendment	Base application	(Follow new application process)
Major subdivision	Concept review	Lump sum	$1,000
	Preliminary application/plat	Base application	$2,000
		Additional: per lot	$250
	Inspection and professional services fee	5% of Borough-approved estimate for all required improvements	5% of improvement costs; $1,500 minimum
	Amendment to preliminary plat, prior to submission of an administratively complete final plat	Application	(Follow new preliminary application process)
	Request time extension for an approved preliminary plat, prior to submission of an administratively complete final plat	Application	$1,000
	Final plat/application	Base application	$1,000
		Additional: per lot	$150
	Amendment to an approved final plat	Application	(Follow new final application process)
	Request time extension for an approved final approval	Application	$1,000
	Inspection and professional services fee	5% of Borough-approved estimate for all required improvements	5% of improvement costs; $1,500 minimum
Site plan exemption	Site plan exemption	Application	$750
Minor site plan	Minor site plan	Concept review	$750
		Application	$1,500
Major site plan	Major site plan, nonresidential	Concept review	$1,500
	Major site plan, nonresidential - preliminary	Base application	$2,500
		Additional/1,000 square foot increments (or portion thereof) of proposed building floor area	$100
		Additional/1,000 square foot increments (or portion thereof) of proposed impervious cover, other than building	$100
		Additional/1,000 square foot increments (or portion thereof) of existing building floor area or existing impervious cover that is to be altered, modified and/or be converted, in any way	$50
	Amendment to an approved preliminary plan, prior to the submission of an administratively complete final plan	Application	(Follow new preliminary application process)
	Request time extension for an approved preliminary plan, prior to the submission of an administratively complete final plan	Application	$1,500
	Major site plan, residential - preliminary	Concept review	$1,500
		Application	$2,000 + $100/dwelling unit
	Amendment to an approved preliminary plan, prior to the submission of an administratively complete final plat	Application	(Follow new application process)
	Request time extension for an approved preliminary plan, prior to the submission of an administratively complete final plat	Application	5% of preliminary fee; minimum $1,500
	Inspection and professional services fee	5% of Borough-approved estimate for all required improvements	5% of improvement costs; $1,500 minimum
	Major site plan, nonresidential - final	Base application	$2,000
		Additional/1,000 square foot increment (or portion thereof) of proposed building floor area	$100
		Additional/1,000 square foot increment (or portion thereof) of proposed impervious cover, other than building	$100
		Additional/1,000 square foot increment (or portion thereof) of existing building floor area or existing impervious cover that is to be altered, modified and/or converted, in any way	$50
	Inspection and professional services fees	5% of Borough-approved estimate for all required improvements	5% of improvement costs; $1,500 minimum
	Amendment to an approved final plan	Application	(Follow new final application process)
	Request time extension for an approved final approval	Application	$1,000
	Major site plan, residential	Application	$1,500 + $25/dwelling unit
	Amendment to an approved final plan	Application	(Follow new final application process)
	Request time extension for an approved final approval	Application	$1,250
	Inspection and professional services fees	5% of Borough-approved estimate for all required improvements	5% of improvement costs; $1,500 minimum
Conditional use	Same as for site plan	(See above for the respective category of the proposed activity)	(See above for and follow the respective category of the proposed activity)
		Subdivision	See "subdivision" above
		Site plan	See "site plan" above
Flood damage prevention/ floodplain encroachment	Application	1- and 2-family detached dwellings	$750
		All other uses	$1,500
	Variances from requirements	1- and 2-family detached dwellings	$500
		All other uses	$1,000
Grading permit	1- and 2-family detached dwellings	Up to 5,000 square feet of disturbance	$375
		Over 5,000 square feet of disturbance	$750
	All other uses	Up to 5,000 square feet of disturbance	$1,500
		Over 5,000 square feet of disturbance	$2,000
	Amendment to an approved plan, prior to project completion or receipt of a certificate of occupancy	Based on 1/2 of the above-described categories, respectively	(Follow new application process, for the respective category)
Soil removal	Application	Application	$2,000
	Inspection and professional services fee	5% of Borough-approved estimate for all required work	5% of improvement costs; $1,500 minimum
Zoning permit	Application	1- and 2-family detached dwellings	$100
		All other uses	$300
Variances	Appeal of administrative decision	1- and 2-family detached dwellings	$500
		All other uses	$1,500
	Interpretation of Chapter 28, Zoning	1- and 2-family detached dwellings	$500
		All other uses
	Hardship/bulk variance	1- and 2-family detached dwellings	$750 (per application)
		All other uses	$1,500 (per application)
	Use variance	1- and 2-family detached dwellings	$1,000
		All other uses	$2,000
	File an appeal with the governing body	Per appeal	$1,500
Developer's agreement: after Board approval, upon application to the governing body for approval/permit issuance			$1,000
Resubmission on an incomplete review			50% of original fee if the current balance has dropped to or below 50% of the original escrow fee deposit
Rezoning request submission to the governing body			$3,000
Signs	Application	Per use, occupant or individual facility	$500
Impact statements	Traffic study	Required for applications creating more than 50 dwelling units or more than 40,000 square feet of nonresidential floor area, or more than 20 seats for a food establishment, or pro rata combination of the 3	$1,500
	Environmental	Required for applications creating more than 50 dwelling units or more than 40,000 square feet of nonresidential floor area, or more than 20 seats for a food establishment, or pro rata combination of the 3 or within the NJDEP flood hazard area	$2,000
	Fiscal	Required for applications creating more than 100 dwelling units or more than 80,000 square feet of nonresidential floor area, or more than 40 seats for a food establishment, or pro rata combination of the 3	$1,500
Special meetings	Application	When requested by applicant and agreed to by Borough	$1,000
Meeting minute transcription	Per meeting		Actual charge by outside agency
	Minor subdivision		$250 deposit
	Preliminary major subdivision		$750 deposit
	Final major subdivision		$500 deposit
	Preliminary minor site plan		$250 deposit
	Final minor site plan		$500 deposit
	Preliminary major site plan		$750 deposit
	Final major site plan		$500 deposit

Notes/Comments:
1.	All indicated escrow fee deposits are to be calculated in the aggregate, as applications falling into multiple categories are to pay the combination of all incremental escrow fee deposits.
2.	All fees of Borough professionals in connection with special meetings, including attendance, shall be charged to the escrow fee deposit account.
3.	Fees of Borough professionals, including meeting attendance, shall be charged to the escrow fee deposit account.

Deposits.

(1)

Whenever an amount of money in excess of $5,000 shall be deposited by a developer, the money, until repaid, shall continue to be the property of the developer and shall be held in escrow by the Borough. The Borough shall deposit such funds 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 Borough shall notify the developer 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 Borough 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 developer and shall be refunded to him by the Borough 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 Borough 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.

(2)

If an escrow or deposit contains insufficient funds to enable the Borough or review agency to perform required application reviews or improvement inspections, the Chief Financial Officer of the Borough shall provide the developer with a notice of the insufficient escrow or deposit balance. In order for work to continue on the development or the application, the developer shall, within a reasonable time period, but not less than 10 days in advance of the expiration of the review agency's required date of decision in connection with the pending application, post a deposit to the account in an amount to be agreed upon by the Borough or review agency and the developer. In the interim, any required health and safety inspections shall be made and charged back against the replenishment of funds. If the developer fails to post such a deposit within the above time period, the review agency may deny the application without prejudice. The review agency may permit such application to be resubmitted or reactivated within a period of 90 days from the date of such denial without the payment of new application fees, provided that the required escrow deficiency together with resubmission escrow funds have been posted.

Close-out procedures. The following close-out procedure shall apply to all deposits and escrow accounts established under the provisions of P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.), and shall commence after the review agency has granted final approval and signed the subdivision plat or site plan drawings, in the case of application review escrows and deposits, or after the improvements have been approved as provided in Section 41 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-53), in the case of improvement inspection escrows and deposits. The developer shall send written notice by certified mail to the Chief Financial Officer of the Borough and the review agency and to the relevant Borough 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 Borough or review agency within 30 days and shall send a copy simultaneously to the developer. The Chief Financial Officer of the Borough or review agency shall render a written final accounting to the developer on the uses to which the deposit was put within 45 days of receipt of the final bill. Any balances remaining in the deposit or escrow account, in accordance with this chapter, shall be refunded to the developer along with the final accounting.

Disputes.

(1)

A developer shall notify in writing the Borough, with copies to the Chief Financial Officer and the review agency and the professional, whenever the developer disputes the charges made by a professional for service rendered in reviewing an application for development, review and preparation of documents, inspection of improvements or other charges made pursuant to this chapter. The Borough Administrator shall, within a reasonable time period, attempt to remediate any disputed charges. If the matter is not resolved to the satisfaction of the developer, the developer may appeal to the County Construction Board of Appeals established under Section 9 of P.L. 1975, c. 217 (N.J.S.A. 52:27D-127), any charge to an escrow account or a deposit by any Borough professional or consultant or the cost of the installation of improvements estimated by the Borough Engineer pursuant to Section 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4).

(2)

During the pendency of any appeal, the review agency shall continue to process, hear, and decide the application for development and to inspect the development in the normal course and shall not withhold, delay or deny reviews, inspections, signing of subdivision plats or site plans, the reduction or the release of performance or maintenance guarantees, the issuance of construction permits or certificates of occupancy, or any other approval or permit because an appeal has been filed or is pending under this subsection. The Chief Financial Officer of the Borough may pay charges out of the appropriate escrow account or deposit for which an appeal has been filed. If a charge is disallowed after payment, the Chief Financial Officer of the Borough shall reimburse the deposit or escrow account in the amount of any such disallowed charge or refund the amount to the developer. If a charge is disallowed after payment to a professional or consultant who is not an employee of the Borough, the professional or consultant shall reimburse the Borough in the amount of any such disallowed charge.

§ 17-5.3 Inspection fees and costs.

Fees submitted to the Borough for inspection will include but may not be limited to the following:

(1)

The inspection by the Borough Engineer of on-site, on-tract, off-site and off-tract improvements constructed or installed by the developer.

(2)

The reasonable cost of testing materials or construction work performed by the developer, as may be required.

(3)

Analysis or tests to determine compliance by the developer with any monitoring standards.

(4)

The inspection of improvements constructed or installed by the developer for purposes of determining compliance with the two-year maintenance obligation of the developer.

Inspection fees and costs shall be administered in the following manner:[1]

(1)

At the time of the grant of final development approval (and preliminary subdivision approval in the instances where the developer proposes to install improvements pursuant to such preliminary approval), the developer shall pay to the Borough an amount equal to 5% of the cost of all improvements as estimated by the Borough Engineer. Such amount shall be held by the Borough in an interest-bearing trust account separate from the general funds of the Borough.

(2)

Upon the issuance by the Borough Engineer of a certification that all improvements have been maintained during the required two-year maintenance period following acceptance by the Borough, the Borough shall pay any outstanding vouchers for inspection fees and costs, terminate the account and refund to the developer any moneys remaining in the account at the time of the termination, including all interest earned during the life of the account.

[1]

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

§ 17-5.4 Miscellaneous additional fees.

Circumstances may occur during the development review process in which expenses necessary for processing are not otherwise provided for and covered by the fees set forth in the preceding articles of this chapter. Such expenses may involve extensive studies of applications and testimony by experts, consultants or other individuals, including engineering, land use, planning and environmental consultants, or expenses incurred in connection with holding special meetings, including attorney's fees. In the event that any such situations shall occur, the governing body or the review agency, before rendering a decision, may require that the developer pay such additional fees as may be required for reimbursement of such additional expenses not otherwise provided for by this chapter.

In addition to all other fees specified in this chapter, a developer shall pay the actual cost incurred by the governing body or the review agency for recording verbatim, by use of a shorthand reporter or stenographer, at public hearings upon any application for development or appeal to the governing body, as well as the furnishing of copies of transcripts of any such hearing required by the governing body or the review agency in consideration of the application or appeal.

Copy of decision of governing body to interested party in connection with an appeal: $10.

Publication in newspaper of decision of governing body on an appeal: costs of publication.[1]

[1]

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

List of names and addresses of owners to whom the applicant is required to give notice: $0.25 per name or $10, whichever is greater.[2]

[2]

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

§ 17-5.5 Payment of fees.

All fees required by this chapter shall be paid by check drawn to the order of the Borough. Any check for fees in excess of $500 shall be in the form of a certified check or bank cashier's check.

All permits, determinations, resolutions, decisions or certifications of approval are subject to the payment of all fees provided for in this chapter, and no approvals shall be given or decisions rendered by the Planning Board, Zoning Board of Adjustment or governing body, as the case may be, until proof has been submitted that all requisite fees have been paid.

The payment of fees under this chapter shall not relieve a developer from the payment of other fees required by applicable ordinances of the Borough.

§ 17-5.6 Abatement of fees.

Upon request of the applicant, the governing body may, by resolution, exempt any charitable, philanthropic, fraternal or religious nonprofit organization holding a tax-exempt status under the Federal Internal Revenue Code of 1954 [26 U.S.C. § 501(c) or (d)] from the payment of any fee charged under this chapter.

Upon request of the applicant, the governing body may, by resolution, exempt a disabled person, as defined by N.J.S.A. 40:55D-8e, or a parent or sibling of a disabled person, from the payment of any fee charged under this chapter for any development which promotes accessibility to the disabled person's own living unit.

Upon request of the applicant and with the approval of the Borough Engineer, the governing body may, by resolution, abate, reduce or exempt an applicant from the payment of any fee charged under this chapter upon a showing that the fee, as calculated under this chapter, is unreasonable and exceeds the Borough's estimated cost of review, as determined by the Borough Engineer.