[Amended 6-22-2004 by Ord. No. 04-16]
An application for development shall not be considered complete until one of the appropriate checklists promulgated by the Board is completed and filed with the Planning Board, together with all of the material and information specified on the appropriate checklist in accordance with the checklist instructions for development review.
A. 
Application fees. Every application for a review or hearing before the Board shall be accompanied by a check for administration purposes payable to the Borough of Alpha in accordance with the following schedule:
[Amended 6-22-2004 by Ord. No. 04-16; 11-12-2013 by Ord. No. 13-18]
(1) 
Site plan review. The following application fees covering administration and overhead shall be charged to the applicant for a site plan and shall be collected by the Borough Clerk or by such person that may be appointed as Board Secretary at the time of submission of an application to the Land Use Board for approval.
(a) 
Minor site plan: $300.
(b) 
Preliminary site plan: $750.
(c) 
Final site plan: $500.
(d) 
As-built site plan: $500.
(e) 
Site plan resubmission: $350.
(f) 
Property owner's list: No change.
(g) 
Extension of preliminary approval: $500.
(h) 
Application for site plan waiver: $500.
(2) 
Subdivision.
(a) 
Application for minor subdivisions. The following application fees covering administration and overhead shall be charged to the subdivider for a minor subdivision and shall be collected by the Borough Clerk or by such person that may be appointed as Board Secretary at the time of submission of an application to the Planning Board for approval:
[1] 
Lot line adjustment not creating an additional building lot: $300.
[2] 
Minor subdivision creating one or more new lots: $400.
(b) 
Application for major subdivision. The following application fees covering administration and overhead shall be charged to the subdivider for a major subdivision and shall be collected by the Borough Clerk or by such person that may be appointed as Board Secretary at the time of submission of an application to the Planning Board for approval:
[1] 
Sketch plat for major subdivision: $500.
[2] 
Preliminary plat for major subdivision:
[a] 
Less than 10 lots: $750 plus $25 per lot.
[b] 
Ten lots or more: $1,500 plus $25 per lot.
[3] 
Final plat for major subdivision:
[a] 
Less than 10 lots: $750 plus $25 per lot.
[b] 
Ten lots or more: $1,000 plus $25 per lot.
[4] 
Resubmission. Each resubmission of a preliminary or final plat previously withdrawn by applicant or disapproved by the Land Use Board: $750.
[5] 
List of persons within 200 feet: $0.25 per name or $10, whichever is greater.
[6] 
Extension of preliminary approval: $1,000 plus $25 per lot.
(3) 
Zoning fees. No petition, application or other documents submitted by an applicant pursuant to the terms of this chapter shall be considered by the Land Use Board until the applicant shall have paid to the Borough of Alpha, in cash, whichever of the following fees is appropriate:
(a) 
Zoning appeal: $350.
(b) 
Conditional use permit: $350.
(c) 
Zoning Ordinance/Zoning Map interpretation: $350.
(d) 
Bulk variance: $350.
(e) 
Use variance: $750.
(f) 
All other categories of Board of Adjustment applications: $500.
(g) 
Extension of variance approval: $300.
B. 
Escrow deposits.
(1) 
Escrow accounts.
(a) 
There are hereby created escrow accounts, the purpose of which is to defray the costs of operation of the Board.
(b) 
At the time of submitting an application to the Board Secretary for site plan or subdivision review before the Board, the applicant shall be required to make a deposit as hereinafter provided and execute an escrow agreement to defray the cost to the Borough of all necessary and reasonable costs incurred for technical and professional review by the approving authority. Said escrow agreement shall be in a form approved by the Board Attorney. The amounts specified for the escrow fund are estimates of fees. Said fees must be paid prior to certification by the Board Secretary of a complete application. All fees required by this section and any other section shall be paid prior to the application of any applicant being considered complete; provided, however, that payment of the fee in and of itself shall not be deemed to make the application complete. Whenever the aforesaid escrow fund becomes less than 50% of the required amount, the Board Secretary shall notify the applicant, in writing, to deposit additional funds into the escrow account to equal the required amount. The failure of the applicant to deposit the additional funds within 30 days may result in dismissal of the application. In the event that the amounts required to be posted by this section are not sufficient to cover the professional charges to the Borough, the Board is hereby granted the power to request additional funds as provided for hereinafter. In the event that the amounts posted as fees shall be in excess of the amount required for all professional review, the excess funds shall be returned to the applicant within 30 days of the issuance of a certificate of occupancy for the project which the application fees cover.
(2) 
Determination of sufficiency of escrow funds. Before issuing a construction permit or certificate of occupancy for any element of a project, the Zoning Officer shall determine from the Financial Officer whether there are sufficient escrow funds to pay all pending bills attributable to the particular project. The Financial Officer shall periodically advise the Board Secretary of the balance of all escrow accounts and when additional funds are required as provided for hereinafter. In the event that additional funds are required, it shall be the obligation of the Board Secretary to notify the applicant of the amounts required as additional fees, and in the event there is a refusal or failure to make the payments required, the Board Secretary shall notify the approving authority. In the event that the additional fees are not paid, the application shall be considered incomplete and the Planning Board shall take no further action on such plans until such time as the additional fees have been paid. In the event that additional fees are required, they shall be paid to the Borough of Alpha in accord with the same agreement already entered into or any additional terms which may be agreed to by the applicant and the approving authority.
(3) 
Required deposits. The following deposit shall be submitted by the applicant at the time of submission of an application to the Planning Board for approval. Said deposit shall cover the cost of engineering, legal and professional planner review and documentation fees and disbursements:
(a) 
Site plan review.
[1] 
Minor site plan: $1,000.
[2] 
Preliminary site plan.
[a] 
Light industry/warehouse: $4,000 plus $200 per 1,000 square feet ($0.25 per square foot).
[b] 
Retail/office: $4,000 plus $200 per 1,000 square feet ($0.50 per square foot).
[c] 
Multifamily: $2,500 plus $250 per unit.
[d] 
Others: $4,000 plus $200 per 1,000 square feet or $250 per unit.
(b) 
Minor subdivision.
[1] 
Lot line adjustment (no new building lots): $1,500.
[2] 
Minor subdivision (one or more new lots): $1,500.
(c) 
Major subdivision.
[1] 
Sketch plat for major subdivision: $1,000 plus $250 per lot.
[2] 
Preliminary plat for major subdivision: $4,000 plus $250 per lot.
[3] 
Final plat for major subdivision: $2,500 plus $250 per lot.
(d) 
Zoning variances.
[1] 
For an application seeking relief pursuant to N.J.S.A. 40:55D-70(a.), i.e., appeal of the Zoning Officer's decision, a review escrow deposit fee of $750 shall be paid.
[2] 
An application seeking relief pursuant to N.J.S.A. 40:55D-70(b.), i.e., interpretation of Zoning Map, Zoning Ordinance or decision upon special questions, a review of escrow deposit fee of $750 shall be paid.
[3] 
An application seeking relief pursuant to N.J.S.A. 40:55D-70(c.), i.e., bulk or hardship variance:
[a] 
For an improved residentially zoned lot, a review deposit fee of $500 shall be paid.
[b] 
For an unimproved residentially zoned lot, a review deposit fee of $1,000 shall be paid.
[c] 
For a commercially zoned lot, whether improved or unimproved, a review deposit fee of $1,500 shall be paid.
[d] 
For an industrial zoned lot, whether improved or unimproved, a review deposit fee of $1,500 shall be paid.
[4] 
For a use variance, expansion of a nonconforming use, conditional use deviation, floor area ratio increase, permitted density increase, exceeding the permitted height of a principal structure by 10 feet or 10%, a review deposit fee of $1,500 shall be paid.
[5] 
Extension of variance approval: $1,000.
(4) 
Tabulation and refund of deposit.
(a) 
The Borough shall tabulate the costs of the Board and Engineer, Planner and Attorney, their staffs and any additional experts required for a proper review and documentation. These costs shall be deducted from the escrow deposit.
(b) 
Where the review costs exceed or are anticipated to exceed the escrow deposit, the subdivider shall pay the additional amount prior to the signing of any plat. Failure to remit the additional required deposit within 15 days of the request shall render the application incomplete and no further proceedings or action shall be taken by the Board until after compliance. Where the review fee costs are less than the escrow deposit, the difference shall be refunded to the subdivider within 120 days of signing of the plat.
C. 
Engineering/inspection fees and costs.
(1) 
Subdivision and site plans. The applicant shall estimate the costs of improvements required as part of the site plan approval by the Board and shall submit the same to the Borough Engineer, who shall then tabulate an inspection fee deposit to cover the costs of inspection of the construction of the improvements on the site and immediately adjacent to or associated with the site. The amount of the deposit shall be based upon the estimated costs of improvements and shall be as follows:
(a) 
Zero to $100,000: $100, plus 5% of the amount over $1,000.
(b) 
One hundred thousand dollars and one cent to $200,000: $5,100, plus 4 1/2% of the amount over $100,000.01.
(c) 
Over $200,000: $10,000, plus 4% of the amount over $200,000.
(2) 
The inspection fee deposit shall be paid to the Borough Clerk or such person that may be appointed as Board Secretary prior to final approval of the subdivision or site plan. In the event that the inspection costs are less than the inspection fee deposit, the difference shall be refunded to the applicant/subdivider within 120 days of the completion of the improvements.
D. 
Soil erosion and sediment control. Prior to the start of any site plan and/or major subdivision construction, including but not limited to clearing or grading, a separate cash performance guaranty for soil erosion and sedimentation control shall be posted. The amount of the guaranty shall be $100 per lot for subdivision and/or $100 per building for site plans with typical soil erosion and sedimentation control problems; however, the Borough may require an increased amount upon receiving written recommendation from the Borough Engineer citing critical soil and/or slope conditions. In the event of noncompliance with the provisions of the approved soil erosion and sedimentation control plan, the Borough may issue a written notice to the developer. After 72 hours have lapsed from receipt of said notice, the Borough shall have the option to take corrective actions and charge the cost of corrective actions against the cash performance guaranty. Credit will be given to the applicant for any performance guaranties posted as required by the provisions for issuance of a soil erosion permit.
E. 
Zoning Officer review fees. The following fees shall be charged an applicant for review of certain applications by the Zoning Officer:
(1) 
Upon the filing of an application by an applicant for a zoning permit or for a change in use variance, a fee of $25 shall be paid to the Borough of Alpha for review of either application by the Zoning Officer.
(2) 
Upon the filing of an application for a home occupation use, the applicant shall file with the Borough of Alpha a fee of $200 to cover review and administration services of the Zoning Officer.
(3) 
For review of site plan applications and reports to the Planning Board by the Zoning Officer, a charge of $35 per hour shall be payable to the Borough of Alpha from the applicant's escrow account.
[Amended 11-12-2013 by Ord. No. 13-18]
(4) 
For attendance by the Zoning Officer at the Planning Board hearings, the sum of $35 per hour shall be paid to the Borough of Alpha from the applicant's escrow account.
[Amended 11-12-2013 by Ord. No. 13-18]
F. 
Certified shorthand reporter. If an applicant desires a certified shorthand reporter, the cost of taking testimony and transcribing it and providing a copy of the transcript to the Borough shall be at the expense of the applicant, who shall also arrange for the reporter's attendance.
G. 
Special meeting of Land Use Board. Convening of a special meeting of the Land Use Board at the request of an application: $1,500.
[Added 11-12-2013 by Ord. No. 13-18]
[Added 12-26-2013 by Ord. No. 13-21]
In the event of an applicant's nonpayment of escrow deposits, the following actions shall be taken:
A. 
No final action initial payment is made. No final action on an application for development shall be taken by the Land Use Board until all escrow fees payable in connection with such application have been paid in full, and any additional escrow required after the payment of the initial escrow deposit as estimated by the Board Engineer, Board Attorney or Board Planner necessary to complete the administration of the development application have been paid in full. Every resolution and memorialization adopted by the Land Use Board pursuant to N.J.S.A. 40:55D-10g shall be expressly conditioned upon the applicant making payment in full of all sums due or to grow due on account of such escrow account within 10 days of the date of being billed therefor by the Borough or advised thereof by a representative (secretary or otherwise) of the Land Use Board, in default of which the Land Use Board may thereupon, upon notice to the applicant or at any time thereafter, declare such resolution of memorialization and any relief granted thereto to be null, void and of no further effect.
(1) 
Property owner liable. Without regard to whether the property owner is the applicant, the property owner and applicant (if the applicant is other than the property owner) shall be jointly and severally liable to the Borough for the payment of escrow fees on account of professional services rendered in administration of the application. Although the Borough will first attempt to collect the fees due and payable from the applicant (if the applicant is other than the property owner) the Borough, in its sole discretion, shall be entitled to collect such fees from the property owner if the applicant, after a period of 20 days of the date of notification, does not pay such additional escrow fees requested. No memorializing resolution shall be adopted; any memorializing resolution previously adopted shall be subject to revocation, and no zoning permit or building permit shall be issued until such additional escrow fees have been paid.
[Added 12-27-2012 by Ord. No. 12-14]
A. 
Purpose. It is the purpose of this section to impose upon developers the costs incurred by Alpha Borough in updating the municipal Tax Map/GIS database as a result of the approval of a subdivision or various subdivisions or the creation of any new lots within Alpha Borough. Said costs are directly related to the development procedure, and thereby Alpha Borough determines that they should be borne by the developer/applicant for all said subdivisions and/or creation of new lots.
B. 
Applicable Tax Map/GIS database update fees. Each applicant and/or developer for any approval which results in the creation of any new lots, revision of any existing lots, and/or other alterations to the Tax Map/GIS database shall be responsible for paying all reasonable charges incurred by the Alpha Borough Engineer in updating said Tax Map/GIS database. These costs shall include, but not be limited to, update to the GIS database, revisions to existing Tax Map plates, creation/addition of new Tax Map plates, appropriate revisions to the Key Map(s), and reprographic services for applicable Borough, county and state submission copies, as well as any reasonable shipping and handling fees involved.
C. 
Costs.
(1) 
Once final subdivision and/or new lot approval has been received and subsequently filed with the Warren County Clerk's office, the applicant and/or developer shall be required to make a deposit, with the Borough Treasurer, as hereinafter provided and execute an escrow agreement, to defray the cost to the Borough of all necessary and reasonable costs incurred, for the express purpose of updating/maintaining the Tax Map/GIS database, as directed by the Tax Assessor. No construction permit shall be issued until said costs are posted with Alpha Borough, as outlined below:
(a) 
For minor subdivisions (five lots or less): $100 per lot.
(b) 
For major subdivisions and condominium unit(s) dimensioning and detailing (six lots or more): $30 to $50 per lot, further broken down as follows:
Number of Lots
Cost per Lot
6 to 25
$50
26 to 75
$45
76 to 125
$40
126 to 175
$35
176 or more
$30
(c) 
For each lot/Tax Map revision due to deed discrepancies, lot line adjustments, easement detailing, ownership labeling, acreage calculation and labeling, street name changes and other minor revisions: $50 per lot or per change.
(d) 
Per commercial site plan: $2,000.
(e) 
Per condominium site plan: $2,000, plus $50 per unit for residential condominium projects.
(f) 
For printing/plotting of final Tax Map deliverables, as outlined herein: $500.
(2) 
If any portion of the escrow account remains unused following the appropriate revisions to the Tax Map/GIS database, it shall be refunded to the applicant.
(3) 
In the event that any application for development is denied and the application is no longer pending before the respective Board, then any portion of the aforementioned fee which has not been expended by the engineer responsible for maintaining the Tax Map/GIS database shall be refunded to the applicant.
D. 
Amendment. Any/all previous ordinances now in effect regarding Tax Map/GIS database escrow fees in Alpha Borough are superseded by this section.
[Added 12-27-2012 by Ord. No. 12-15]
A. 
Required data.
(1) 
In addition to any/all hardcopy submissions already required of all map and plan materials currently being submitted to the Borough of Alpha, a digital graphics file containing the data outlined in Subsection B shall also be submitted with each project. All files must be submitted in a .dwg or .dxf file format.
(2) 
All electronic files must be created in New Jersey State Plane Coordinate System North American Datum 1983 (NAD 83), in U.S. Survey feet.
(3) 
All line work shall connect at line end points. Overlaps, gaps or dangles are not acceptable. Polygon objects, such as parcels or other boundaries, shall be created from line segments, connecting to adjacent line work at intersections. Single, closed polygons are not to be used where coincidental boundaries may occur. All text shall be clearly legible and not obscured by polygon boundaries/line work.
B. 
Submission time frame. All digital files for proposed property upgrades/changes/improvements shall be submitted to the Borough of Alpha within 30 days of recordation of the final plat or parcel map. Upon acceptance of the improvements by the Alpha Borough Municipal Land Use Board and the Alpha Borough Council, the digital files for all public, private and site development, upgrades, changes and/or improvements shall be submitted by the originating party. These digital files shall contain all information as shown on the approved, hardcopy plans, as well as any approved changes or revision, and any/all as-built information. Any proposed deviation from these guidelines shall be considered by the Alpha Borough Council on a case-by-case basis only.
C. 
Minimum content requirements. The following minimum information must be provided as outlined for each type of project referenced:
(1) 
Signalization data: striping, traffic signs, traffic signals, legend.
(2) 
Contour data: contour lines and contour elevations.
(3) 
Grading data: street grade, top of curb elevations.
(4) 
Road data: right-of-way lines, street name(s), sign locations, center-line locations, median island locations, sidewalk locations, retaining wall locations, sound barrier locations, driveway/gutter-line locations, curblines, handicap ramp locations, traffic light locations, tree/shrub locations, legend.
(5) 
Surface data: water body locations, stream/drainage ditch locations, park locations, railroad locations, bike path/trail locations, well locations, aboveground storage tank locations, legend.
(6) 
Survey data: boundary line locations, monument locations, center-line locations, lot/parcel boundaries, easement locations, control lines, legend.
(7) 
Utilities data: transmission line locations, pole locations, transformer locations, lateral locations, meter locations, valve locations, cleanout locations, manhole locations, catch basin locations, hydrant locations, culvert/culvert fencing locations, waterline locations, sanitary sewer line locations, stormwater drainage facility locations, legend.
A. 
Rules. The Board shall make rules governing the conduct of hearings before it, which rules shall not be inconsistent with the provisions of N.J.S.A. 40:55D-1 et seq., or this chapter.
B. 
Oaths. The officer presiding at the hearing, or such person as he may designate, shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by the parties, and the provisions of the County and Municipal Investigations Law, c. 38, P.L. 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
C. 
Testimony. The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation, and the right of cross-examination shall be permitted to all interested parties through their attorneys, if represented, or directly, if not represented, subject to the discretion of the presiding officer and to reasonable limitations as to time and number of witnesses.
D. 
Evidence. Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.
E. 
Records. Each Board shall provide for the verbatim recording of the proceedings by either stenographer or mechanical or electronic means. The Board shall furnish a transcript or duplicate recording in lieu thereof on request to any interested party at his expense.
Whenever a hearing is required on an application for development pursuant to N.J.S.A. 40:55D-1 et seq., or pursuant to the determination of the municipal agency in question, the applicant shall give notice thereof as follows:
A. 
Public notice shall be given by publication in the official newspaper of the municipality at least 10 days prior to the date of the hearing.
B. 
Notice shall be given to the owners of all real property, as shown on the current tax duplicate or duplicates, located within 200 feet in all directions of the property which is the subject of such hearing and whether located within or without the municipality in which the applicant's land is located. Such notice shall be given by serving a copy thereof on the owner as shown on said current tax duplicate, or his agent in charge of the property, or by mailing a copy thereof by certified mail to the property owner at his address as shown on said current tax duplicate. Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its president, a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation.
C. 
Notice of all hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the Clerk of such municipality, which notice shall be in addition to the notice required to be given pursuant to Subsection B of this section to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
D. 
Notice shall be given by personal service or certified mail to the County Planning Board of a hearing on an application for development of property adjacent to an existing county road or proposed road, shown on the Official County Map or on the County Master Plan, adjoining other county land or situate within 200 feet of a municipal boundary.
E. 
Notice shall be given by personal service or certified mail to the Commissioner of Transportation of a hearing on an application for development of property adjacent to a state highway.
F. 
Notice shall be given by personal service or certified mail to the State Planning Commission of a hearing on an application for development of property which exceeds 150 acres or 500 dwelling units. Such notice shall include a copy of any maps or documents required to be on file with the Municipal Clerk pursuant to N.J.S.A. 40:55D-10, Subsection b.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
G. 
All notices hereinabove specified in this section shall be given at least 10 days prior to the date fixed for hearing, and the applicant shall file an affidavit of proof of service with the Board holding the hearing on the application for development.
H. 
Any notice made by certified mail as hereinabove required shall be deemed to be complete upon mailing in accordance with the provisions of N.J.S.A. 40:55D-14.
I. 
Form of notice. All notices required to be given pursuant to the terms of this chapter shall state the date, time and place of the hearing; the nature of the matters to be considered; the identification of the property proposed for development by street address, if any, and by reference to lot and block numbers as shown on the current tax duplicate in the Municipal Tax Assessor's office; and the location and times at which any maps and documents for which approval is sought are available as required by law.
Pursuant to the provisions of N.J.S.A. 40:55D-12, Subsection c, the Borough Tax Assessor shall, within 15 days after receipt of a request therefor and upon receipt of a payment of a fee as set forth in § 57-13, make and certify a list, from the current tax duplicate, of the names and addresses of owners within 200 feet to whom the applicant is required to give notice pursuant to § 57-15B of this chapter.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Each decision on any application for development shall be set forth, in writing, as a resolution of the Board, which decision shall include findings of fact and legal conclusions based thereon.
B. 
A copy of the decision shall be mailed by the Board, within 10 days of the date of decision, to the applicant or, if represented, then to his attorney, without separate charge. A copy of the decision shall also be mailed to all persons who have requested it and who have paid the fee prescribed by the Board for such service. A copy of the decision shall also be filed in the office of the Municipal Clerk, who shall make a copy of such filed decision available to any interested party upon payment of a fee calculated in the same manner as those established for copies of other public documents in the municipality.
A brief notice of every final decision shall be published in the official newspaper of the municipality. Such publication shall be arranged by the Secretary or Clerk of the body making the decision, without separate charge to the applicant. Said notice shall be sent to the official newspaper for publication within 10 days of the date of any such decision.
Pursuant to the provisions of N.J.S.A. 40:55D-39 and 40:55D-65, every application for development submitted to the Planning Board shall be accompanied by proof that no taxes or assessments for local improvements are due or delinquent on the property which is the subject of such application.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Any variance hereafter granted by the Planning Board permitting the erection or alteration of any structure or structures or permitting a specified use of any premises shall expire by limitation unless such construction or alteration shall have been actually commenced on each and every structure permitted by said variance or unless such permitted use has actually been commenced within one year from the date of publication of the notice of the judgment or determination of the Board; except, however, that the running of the period of limitation herein provided shall be tolled from the date of filing an appeal from the decision of the Board to the governing body or to a court of competent jurisdiction until the termination, in any manner, of such appeal or proceeding.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).