In applying and interpreting the provisions of this chapter,
they shall be held to be minimum requirements adopted for the promotion
of the public health, safety, morals, comfort, convenience and general
welfare. The following specific regulations shall apply:
A. A minimum required lot or yard size for one building or structure
shall not be used as any part of a required lot or yard for a second
structure.
B. The required lot or yard for an existing building or structure shall
not be diminished below the minimum requirements of this chapter.
C. The parking spaces required for one building or structure or use
shall not be included in the computation of required parking spaces
for a second building or structure or use.
It shall be the duty of the Zoning Officer to administer and
enforce the provisions of the New Jersey Municipal Land Use Law and the provisions of this chapter. Should the said Zoning
Officer be in doubt as to the meaning or intent of any provision of
this chapter or as to the location of any district boundary line on
the Zoning Map or as to the propriety of issuing a building permit
or a certificate of occupancy in a particular case related to the
provisions of this chapter, he shall appeal the matter to the Planning
Board for interpretation and decision. The Zoning Officer shall adopt
rules of procedure, consistent with this chapter, for the purpose
of assuring efficient and uniform administration of its provisions.
The Zoning Officer and his deputies and assistants, the Town
Engineer, Chief of Police and Fire Chief and their authorized agents
shall have the right and authority, at any reasonable hour, to enter
any building, structure, premises, lot or land, whether already erected
or put into use or in the course of erecting and putting into use,
for the purpose of determining whether or not the provisions of this
chapter are being complied with.
[Amended 1-1-1985 by Ord. No. 84-51; 8-1-1988 by Ord. No. 88-13; 5-21-1990 by Ord. No. 90-9; 10-5-1992 by Ord. No. 92-14; 8-5-2002 by Ord. No.
2002-07; 4-3-2006 by Ord. No. 2006-07; 4-16-2007 by Ord. No.
2007-06; 4-2-2019 by Ord. No. 2019-01]
A. Every application for development shall be accompanied by a check
payable to the Town of Belvidere in accordance with the following
schedule; money in excess of $5,000 deposited by an applicant for
professional services employed by the municipality to review applications
for development shall be collected, held and distributed in accordance
with N.J.S.A. 40:55D-53.1 and any amendments thereto.
|
Application Charge
|
Escrow Amount
|
---|
Subdivisions
|
|
|
Minor plat
|
$200
|
$1,500
|
Preliminary plat
|
$500
|
$1,500 plus $75 per lot, provided a minimum $2,000 shall be
deposited
|
Final plat
|
$300
|
$750 plus $75 per lot, provided a minimum $1000 shall be deposited
|
Informal presentation (one appearance only)
|
$100
|
$500
|
Concept plat for review
|
|
|
Minor plat
|
$100
|
$500
|
Major plat
|
$100
|
$1,500
|
Amended preliminary major subdivision
|
$200
|
$2,000
|
Amended final major subdivision
|
$100
|
$1,000
|
Site plans
|
|
|
Minor plan
|
$200
|
$1,500
|
Preliminary plan
|
$300 (residential)
$400 (commercial)
|
1,800/acre or part thereof, plus $75/du in the case of multiple-family
units and/or $0.05/gross square feet of building area in the case
of nonresidential buildings, provided a minimum $2,000 shall be deposited
|
Final plan
|
$200
|
$900/acre or part thereof, plus $40/du in the case of multiple-family
units and/or $0.025/gross square feet of building area in the case
of nonresidential buildings, provided a minimum $1,000 shall be deposited
|
Informal presentation (one appearance only)
|
$100
|
$500
|
Concept plat for review
|
|
|
Minor plan
|
$100
|
$500
|
Major plan
|
$100
|
$1,500
|
Amended preliminary major site and/or final major
site plan
|
$200
|
$2,000
|
Condition uses
|
|
|
Not including required site plan or subdivision
plan review
|
$150
|
$500
|
Variances
|
|
|
Appeals (N.J.S.A. 40:55D-70a)
|
$250
|
$1,500
|
Interpretation (N.J.S.A. 40:55D-70b)
|
|
|
Residential
|
$250
|
$1,500
|
Commercial
|
$500
|
$2,500
|
Bulk (N.J.S.A. 40:55D-70c) first variance
|
$150 (residential)
|
$1,500
|
|
$300 (commercial)
|
$2,500
|
Each Additional Variance
|
$50
|
$150
|
Use (N.J.S.A. 40:55D-70d)
|
$250 (residential)
|
$1,500
|
|
$500 (commercial)
|
$2,500
|
Permit (N.J.S.A. 40:55D-34 and 35)
|
$250
|
$1,500
|
Certification (N.J.S.A. 40:55D-68)
|
$250
|
$1,500
|
General development plans
|
None required
|
None required
|
Approval of time extension
|
$100
|
None required
|
Appeals to Town Council
|
$100
|
None required
|
Zone change request
|
$250
|
$2,500
|
Certified list of property owners
|
$0.25/name or $10, whichever is greater
|
None required
|
Copy of minutes transcripts of decisions
|
$0.50/page
|
None required
|
Subdivision approval certificate
|
$50/certificate
|
None required
|
Historic reviews
|
$25 (residential)
|
None required
|
|
$75 (commercial)
|
None required
|
Zoning permit
|
|
|
Residential renovations/additions and accessory
structures/buildings (less than $10,000)
|
$40
|
None required
|
Residential renovations/additions and accessory
structures/buildings (greater than $10,000)
|
$75
|
None required
|
New single-family dwelling
|
$100
|
None required
|
Commercial - new business or change of use
|
$75
|
None required
|
Commercial renovations/additions and accessory structures/buildings
(less than $100,000)
|
$100
|
None required
|
Commercial renovations/additions and accessory structures/buildings
(greater than $100,000)
|
$150
|
None required
|
Commercial renovations/additions and accessory structures/buildings when covered by a site plan waiver per § 318-19 of the Code
|
$250
|
None required
|
Commercial signage when covered during Board review/approval
|
$50
|
None required
|
When covered by "change of message"
|
$50
|
None required
|
Addition of sign or change to signage
|
$100
|
None required
|
Temporary signs - grand opening banner
|
No fee
|
None required
|
Promotional banner
|
|
|
12 square feet or less
|
$20
|
None required
|
25 square feet or less
|
$35
|
None required
|
Banners permitted under special events permit
|
No fee
|
None required
|
A $25 residential fee or $50 commercial fee will be charged
for any resubmittal/amended zoning application or work commenced/done
without prior zoning approval.
|
Drive-through facilities
|
|
|
For all application
|
None required
|
None required
|
Tax map revision fees
|
In addition to the foregoing fees and escrow account deposits,
a fee of $25, plus $10 per lot or unit, shall be assessed for all
minor and major subdivision, residential unit site plans or condominium
or cooperative residential or commercial development site plans to
cover the cost of revising the Town Tax Map. In the case of major
subdivision approval, this fee shall be paid prior to the signing
of the final plat of the major subdivision by the Chairman and Secretary
of the Planning Board and the Town Engineer. In all other cases, this
fee shall be paid within 30 days of the date of adoption of the resolution
of approval.
|
Where one application for development includes several approval
requests, the sum of the individual required fees shall be paid.
|
Inspection fees
|
All site improvements and utility installations for site plans,
subdivisions, plot plans and other realty improvements shall be inspected
during the time of their installation under the supervision of the
Town Engineer to ensure satisfactory completion. The cost of said
inspection shall be the responsibility of the owner who shall pay
to the Town Treasurer a sum equal to 5% of the amount of the estimated
developer construction costs as approved by the Town Engineer.
|
B. The application charge is a flat fee to cover Town administrative
expenses and is nonrefundable.
C. Escrow shall be deposited with the cost of any professional services rendered to the municipality or approving authority for review of applications for development, review and preparation of documents, inspection of improvements or other purposes under the provisions of P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.). Prior to an application being ruled complete, the escrow amounts set forth in Subsection
A above shall be posted.
(1)
Escrow shall be posted with the Town in cash, certified check
or money order.
(2)
All funds shall be deposited by the Chief Finance Officer in
accordance with N.J.S.A. 40:55D-53.1.
(3)
All professional charges for review of an 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 or construction. Review fees shall be charged only
in connection with an application for development presently pending
before the approving authority or upon review of compliance with conditions
of approval, or review of requests for modification or amendment made
by the applicant. A professional 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 a state
agency is necessary due to the effect of state approvals in the subdivision
or site plan.
(4)
If the municipality retains a different professional or consultant
in the place of the professional originally responsible for the development
application review, or inspection of improvements, the municipality
or approving authority shall be responsible for all time and expenses
of the new professional to become familiar with the application or
the project, and the municipality or approving authority shall not
bill the applicant or charge the deposit or the escrow account for
any such services.
D. Reimbursement. The municipality shall be reimbursed for all payments
to independent consultants in accordance with N.J.S.A. 40:55D-53.2.
If the salary, staff support and overhead for a municipal professional
are provided by the municipality, the charge shall not exceed 200%
of the sum of the products resulting from multiplying (1) the hourly
base salary, which shall be established annually by ordinance, of
each of the professionals by (2) the number of hours spent by the
respective professional upon review of the application for development
or inspection of the developer's improvements, as the case may be.
For other professionals the charge shall be at the same rate as all
other work of the same nature by the professional for the municipality
when fees are not reimbursed or otherwise imposed on applicants or
developers.
E. Definition of professional. All escrow funds shall be utilized by
the appropriate board to pay the cost of any professional fees incurred
by the Board for review and/or testimony. The term "professional,"
as used herein, shall include the services of a duly licensed engineer,
surveyor, planner, attorney, appraiser or other expert who would provide
professional services to ensure that an application complies with
the standards set forth in Town ordinances and experts whose testimony
may be solicited to give further information to the Approving Board
in any area addressed by any of applicant's experts.
F. Refund of escrow. 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 approving authority has granted final approval and signed
the subdivision plat or site plan, 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 applicant
shall send written notice by certified mail to the Chief Financial
Officer of the municipality and the approving authority, and to the
relevant municipal 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 municipality within 30 days, and shall send a copy simultaneously
to the applicant. The Chief Financial Officer of the municipality
shall render a written final accounting to the applicant 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, including
interest in accordance with section 1 of P.L. 1985, c. 315 (N.J.S.A.
40:55D-53.1), shall be refunded to the developer along with the final
accounting. To facilitate the release of escrow applicants are requested
to submit a signed escrow release voucher with the development application.
G. Reimbursement for services. No subdivision plat or deed, or site
plan, shall be signed, nor shall any zoning permits, based upon variances
or interpretations of the zoning ordinance, building permits, certificates
of occupancy or any other types of permits be issued with respect
to any approved application for development until:
(1)
All bills for reimbursable services have been received by the
municipality from professional persons rendering services in connection
with such application;
(2)
The applicant has reimbursed the municipality the excess by
which the amount of the bills exceeds the amount escrowed. The applicant
shall place on the record its agreement to be bound by the provisions
of the Town's escrow ordinances.
H. Charge for services. No professional personnel submitting bills to
the Town under this section shall charge for any of the services referred
to therein at any higher rate or in any different manner from that
which would normally be charged to the municipality for similar work.
Payment of any bill rendered by a professional to the municipality
with respect to any service for which the municipality is entitled
to reimbursement shall in no way be contingent upon receipt of reimbursement
by the applicant, nor shall any payment for service be delayed pending
reimbursement of the Town by an applicant.
I. Payments.
(1)
The Chief Financial Officer of the municipality shall make all
of the payments to professionals for services rendered to the municipality
or approving authority for review of applications for development,
review and preparation of documents, inspection of improvements or
other purposes under the provisions of P.L. 1975, c. 291 (N.J.S.A.
40:55D-1 et seq.). Such fees or charges shall be based upon a schedule
established by resolution.
(2)
The application review and inspection charges shall be limited
only to professional charges for review of applications, review and
preparation of documents and inspections of development under construction
and review by outside consultants when an application is of a nature
beyond the scope of the expertise of the professionals normally utilized
by the municipality. The only costs that shall be added to any such
charges shall be actual out-of-pocket expenses of any such professionals
or consultants, including normal and typical expenses incurred in
processing applications and inspecting improvements. The municipality
or approving authority shall not bill the applicant, or charge any
escrow account or deposit for any municipal clerical or administrative
functions, over head expenses, meeting room charges or any other municipal
costs and expenses except as provided herein, nor shall any municipal
professional add such charges to his bill.
(3)
Each payment charged to the deposit for review of applications,
review and preparation of document 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 services performed, the hours spent to 1/4 hour increments,
the hourly rate and expenses incurred. All professionals shall submit
vouchers to the Chief Financial Officer of the municipality on a monthly
basis in accordance with schedules and procedures established by the
Chief Financial Officer of the municipality. If the services are provided
by a municipal employee, the municipal employee shall prepare and
submit to the Chief Financial Officer of the municipality a statement
containing the same information as required on a voucher, on a monthly
basis.
(4)
The professional shall send an informational copy of all vouchers
or statements submitted to the Chief Financial Officer of the municipality
simultaneously to the applicant. The Chief Financial Officer of the
municipality shall prepare and send to the applicant 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 provided on a quarterly basis,
if monthly charges are $1,000 or less, or on a monthly basis if monthly
charges exceed $1,000. If an escrow account or deposit contains insufficient
funds to enable the municipality or approving authority to perform
required applications reviews or improvement inspections, the Chief
Financial Officer of the municipality shall provide the applicant
with a notice of the insufficient escrow or deposit balance. In order
for work to continue on the development or the application, the applicant
shall within 14 days post a deposit to the account in an amount to
be agreed upon by the municipality or approving authority and the
applicant. In the interim, any required health and safety inspections
shall be made and charged back against the replenishment of funds.
J. Dispute of charges.
(1)
An applicant shall notify in writing the governing body with
copies to the Chief Financial Officer, the approving authority and
the professional whenever the applicant disputes the charges made
by a professional for services rendered to the municipality in reviewing
applications for development, review and preparation of documents,
inspection of improvements, or other charges made pursuant to the
provisions of P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.) The governing
body, or its designee, shall within a reasonable time period attempt
to remediate any disputed charges. If the matter is not resolved to
the satisfaction of the applicant, the applicant may appeal to the
county construction Board of Appeals established under Section 9 of
the P.L. 1975, c. 217 (N.J.S.A. 52:27D-127) any charge to an escrow
account or a deposit by any municipal professional or consultant,
or the cost of the installation of improvements estimated by the municipal
engineer pursuant to Section 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4).
An applicant or his authorized agent shall submit the appeal in writing
to the county construction Board of Appeals. The applicant or his
authorized agent shall simultaneously send a copy of the appeal to
the municipality, approving authority, and any professional whose
charge is the subject of the appeal. An applicant shall file an appeal
within 45 days from receipt of the informational copy of the professional's
voucher required by Subsection c. of Section 13 of P.L. 1991, c. 256
(N.J.S.A. 40:55D-53.2), except that if the professional has not supplied
the applicant with an informational copy of the professionals voucher,
then the applicant shall file his appeal within 60 days from receipt
of the municipal statement of activity against the deposit or escrow
account required by Subsection c. of Section 13 of P.L. 1991, c. 256
(N.J.S.A. 40:55-53.2). An applicant may file an appeal for an ongoing
series of charges by a professional during a period not exceeding
six months to demonstrate that they represent a pattern of excessive
or inaccurate charges. An applicant making use of this provision need
not appeal each charge individually.
(2)
The county construction Board of Appeals shall hear the appeal,
render a decision thereon, and file its decision with a statement
of the reasons therefore with the municipality or approving authority
not later than 10 business days following the submission of the appeal,
unless such period of time has been extended with the consent of the
applicant. The decision may approve, disapprove, or modify the professional
charges appealed from. A copy of the decision shall be forwarded by
certified or registered mail to the party making the appeal, the municipality,
the approving authority, and the professional involved in the appeal.
Failure by the Board to hear an appeal and render and file a decision
thereon within the time limits prescribed in this subsection shall
be deemed a denial of the appeal for purposes of a complaint, application,
or appeal to a court of competent jurisdiction.
(3)
The county construction Board of Appeals shall provide rules
for its procedure in accordance with this section. The Board shall
have the power to administer oaths and issue subpoenas to compel the
attendance of witnesses and the production of relevant evidence, and
the provisions of the "County and Municipal Investigations Law," P.L.
1953, c. 38 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
(4)
During the pendency of any appeal, the municipality or approving
authority 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 municipality 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 municipality shall reimburse the deposit or escrow
account in the amount of any such disallowed charge or refund the
amount to the applicant. If a charge is disallowed after payment to
a professional or consultant who is not an employee of the municipality
is made, the professional or consultant shall reimburse the municipality
in the amount of any such disallowed charge.
[Amended 8-3-1987 by Ord. No. 87-11]
Any owner or agent and any person or corporation who shall violate
any of the provisions of this chapter or fail to comply therewith
or with any of the requirements thereof, or who shall erect, structurally
alter, enlarge, rebuild or move any building or buildings or use any
lot or lands in violation of any detailed statement or plan submitted
hereunder, or who shall refuse reasonable opportunity to inspect any
premises, shall be liable to a fine of not more than $500 or to imprisonment
for not more than 90 days, or to both such fine and imprisonment.
Each and every day such violation continues shall be deemed a separate
and distinct violation.