[HISTORY: Adopted by the Mayor and Council of the Borough
of South Plainfield 2-25-1993 by Ord. No. 1311. Amendments noted where applicable.]
The governing body, in accordance with the authority granted
it pursuant to N.J.S.A. 40:55D-8, does hereby establish the fees as
set forth in the within chapter as escrow deposit fees governing the
review of applications for the Planning Board or the Zoning Board
of Adjustment, or for any administrative staff, and they are intended
to cover the costs of professional services, including but not limited
to engineering, legal, planning, landscaping, traffic, environmental
and other necessary expenses incurred by the Borough for the review
of submitted materials for specific development applications.
Each applicant for subdivision, use variance and/or site plan
approval shall agree, in writing, to pay all reasonable costs for
professional review of the application, including costs incurred with
any informal review of a concept plan which may have preceded the
submission of a preliminary application. Additionally, each applicant
shall agree, in writing, to pay all reasonable costs for the municipal
inspection of the constructed improvements. All such costs for review
and inspection must be paid before any construction permit is issued,
and all remaining costs must be paid in full before any occupancy
of the premises is permitted or a certificate of occupancy issued.
A.
The Borough of South Plainfield, acting through its Planning Board
and/or Board of Adjustment, shall require fees for technical and/or
professional services and testimony employed by the Board in reviewing
an application. Fees required for this purpose shall be held in an
escrow account by the Borough.
B.
Fees for technical and/or professional services shall be in addition
to any and all other required fees.
C.
The applicant shall pay for professional review services which are
reasonably necessary for the review, processing, research and/or memorialization
of any application for development. These services may include, but
need not be limited to, an attorney, professional planner, professional
engineer, traffic engineer, environmental consultant and/or other
professional as deemed reasonable and necessary by the reviewing board.
D.
If the board determines that, because of the complexity of an application,
the services are required of a traffic engineer or professional other
than an engineer, planner and attorney, an additional escrow fee equal
to the cost of said services may be required before the next scheduled
hearing.
E.
All costs for the review and inspection of any application for development
and all anticipated professional on-site inspections shall be paid
before any construction permit is issued, and all remaining costs
shall be paid in full before an occupancy of the premises is permitted
or a certificate of occupancy issued.
F.
The review services of these professionals shall be charged at the
hourly rate authorized or paid by the Borough for the professional
services based upon the current fee schedule.
G.
Each applicant shall provide the Borough with a federal tax identification
number or federal social security number.
(1)
All
payments charged to the individual application escrow deposit shall
be pursuant to charges from the professionals stating the hours spent,
the hourly rate and the expenses incurred. The municipality shall
render a written final accounting to the developer on the uses to
which the escrow deposit was put. Thereafter, the municipality shall,
upon written request, provide copies of the vouchers to the developer.
(2)
If
the salary, staff support and overhead for a professional are provided
by the municipality, the charge to the escrow deposit shall not exceed
200% of the sum of the products resulting from multiplying the hourly
base salary of each of the in-house professionals by the number of
hours spent by the respective professional in review of the application
for development. For other professionals, the charge to the deposit
shall be at the same rate as all other work of the same nature by
the professionals for the municipality.
A.
A waiver of not more than 50% of all municipal subdivision, site
plan and/or variance escrow fees may be granted by the approving municipal
agency for all housing units being provided by the applicant for low-
and moderate-income families consistent with the criteria established
by the New Jersey Council on Affordable Housing.
B.
A waiver of all municipal escrow fees shall be granted by the approving
municipal agency for residential fencing, decks, pools and minor building
additions of less that 300 square feet gross floor area.
C.
A waiver of all municipal escrow fees shall be granted for development
of or improvement to one single-family dwelling.
D.
When the reviewing board determines that the application will serve
a public purpose and promote the public health, safety and welfare,
the following applicants shall submit 50% of the required escrow deposit:
E.
An organization qualifying for Subsection D(2) above must hold a tax-exempt status under the Federal Internal Revenue Code of 1954 [26 U.S.C. § 501(c) or (d)].
F.
The Planning Board or the Board of Adjustment may, at its discretion,
waive the requirement for submission of additional escrow deposit
fees for the resubmission of the second or subsequent set of revised
plans or applications when 50% of the previously submitted escrow
deposit funds remain available and unused in the escrow deposit account
of that particular applicant.
A.
The applicant shall submit the required escrow deposit to the administrative officer prior to the application being reviewed for completeness. No application shall be determined complete, reviewed by professional staff or placed on the agenda for public hearing until the required escrow deposit is paid. For purposes of this chapter, "administrative officer" shall be defined as provided in Chapter 515, Development Review, § 515-5.[1]
B.
Required escrow deposits shall be in the form of cash, money order
or certified check, payable to the Borough of South Plainfield.
A.
Whenever an applicant requires an informal review of an application
for development involving technical or professional advisors, an escrow
deposit shall be required in accordance with the schedule for formal
applications. The deposit must be received prior to professional review.
There shall be a fee assessed for each informal review that might
be required for any reason.
C.
Any escrow deposit received for informal review shall be credited
to the required escrow deposit for formal applications. The cost for
professional services involved in the informal review shall be considered
part of the formal application review and charged to the escrow account.
D.
Capital project reviews: $750.
[Amended 4-8-1993 by Ord.
No. 1311A; 6-11-1998 by Ord. No. 1311B; 7-17-1997 by Ord. No. 1457; 4-13-2000 by Ord. No. 1537; 10-3-2006 by Ord. No. 1758; 3-18-2013 by Ord. No. 1986]
A.
B.
Site plan applications (fees shall be in addition to any required
variances).
(1)
Residential site plan (involving dwelling units).
(2)
Nonresidential site plan (not involving dwelling units).
(a)
Preliminary approval with principal buildings over 1,000 square
feet of gross floor area:
|
Gross Floor Area
(square feet)
|
Fee
| |
|---|---|---|
|
1,001 to 2,500
|
$2,000
| |
|
2,501 to 5,000
|
$3,000
| |
|
5,001 to 10,000
|
$5,000
| |
|
10,001 to 15,000
|
$7,000
| |
|
15,001 to 20,000
|
$9,000
| |
|
20,001 to 25,000
|
$11,500
| |
|
25,001 to 100,000
|
$14,000
| |
|
Over 100,000
|
$16,000
|
(b)
Preliminary approval without principal buildings over 1,000
square feet gross floor area:
|
Lot Area
|
Fee
| |
|---|---|---|
|
Up to 1 acre
|
$2,000
| |
|
1 to 5 acres
|
$3,000
| |
|
5 to 10 acres
|
$4,500
| |
|
Over 10 acres
|
$5,500
|
(c)
Final approval: 20% of preliminary approval escrow fee or a
minimum of $1,000, whichever is greater.
(d)
Minor site plan: $1,000.
C.
Subdivision applications (fees shall be in addition to any required
variances).
(1)
Subdivision (two lots): $500.
(2)
Preliminary subdivisions.
(a)
Preliminary approval of three to 10 lots: $2,500.
(b)
Preliminary approval of 11 to 25 lots: $3,500.
(c)
Preliminary approval of 26 to 50 lots: $4,500.
(d)
Preliminary approval of 51 to 100 lots: $7,000.
(e)
Preliminary approval of 101 to 250 lots: $9,000.
(f)
Preliminary approval of 251 to 500 lots: $11,000.
(g)
Preliminary approval of over 500 lots: $13,000.
D.
Planned unit development. Fees shall be as for a simultaneous major
site plan and major subdivision application, with fees for residential
and nonresidential development computed separately and thereafter
cumulatively upon the applicant.
E.
Concept plan applications.
(1)
Minor subdivision or minor site plan: $100.
(2)
Major subdivisions: $500.
(3)
All site plans with more than 1,001 square feet of gross floor area:
$500.
(4)
Use variance application: $500.
(5)
All fees for concept plans or informal submission shall be credited
toward required escrow fees for the review of the formal application
for the same development.
F.
General development plan: $1,000 (in addition to any other site plan
and/or subdivision fees which may also be required).
G.
Resubmissions.
(1)
Applicants shall pay escrow deposit fees based upon 33% of the original
submission fee for each resubmission of revised plans, including applications
for use variances, preliminary subdivisions, final subdivisions, preliminary
site plans, final site plans and planned unit development applications.
(2)
If plans are resubmitted in accordance with conditions of approval
by the appropriate board, the escrow deposit fee for resubmission
shall be 1/3 of the original escrow fee.
H.
Special design elements. Applicants shall pay escrow fees based upon
20% of the original escrow fee, when and as determined by the reviewing
board that the proposed project includes a special design consideration,
such as but not limited to a sanitary sewer pump station, detention
or retention ponds, a potable water storage facility, traffic signalization
devices, off-tract improvements, etc.
I.
Request for rezoning. Any property owner seeking a rezoning of its
property shall, in addition to the fee paid pursuant to other applicable
statutes or ordinances, pay an escrow fee of $2,000.
J.
Administrative and bookkeeping. In order to offset the cost of escrow
accounts, there shall be imposed a fee of $15 per $1,000 of escrow
or portion thereof.
A.
Prior to making a determination of completeness upon any application,
the administrative officer shall review said application to determine
whether the escrow amount set forth above is sufficient. If the amount
set forth is determined insufficient by the administrative officer
or reviewing board to cover professional costs anticipated for the
application, additional funds in the amount of 1/3 of the initially
required escrow fee shall be deposited by the applicant prior to declaring
the application complete. The application shall not be declared complete
or placed on the agenda for public hearing until such additional escrow
deposit is received.
B.
Further additional escrow deposit fees may be required at any time
upon determination by the reviewing board. All approvals shall be
conditional upon receipt of such additional fees deposited by the
applicant in increments of 1/5 of the initially required escrow fee
when and as determined necessary by the reviewing board. No building
permits or certificates of occupancy shall be issued until all required
escrow funds have been received.
In the event the applicant believes the fees to be unreasonable,
the Planning Board or Board of Adjustment shall hear and decide whether
such fees are reasonable. The applicant may appeal the decision of
the Planning Board or Board of Adjustment to the governing body, provided
that the applicant shall provide to the governing body transcripts
of the Planning Board or Board of Adjustment hearing on fees, at his
cost, and such appeal shall be on the record. The governing body shall
set a meeting date, with notice to the applicant. The applicant may
submit oral and/or written arguments on the record, provided that
the applicant provides a court-certified stenographer to record said
meeting and provides a transcript of said meeting. The governing body
may reverse a Planning Board or Board of Adjustment decision upon
showing that the Board's decision is not sustained by the preponderance
of the evidence.
The escrow amount shall be deposited by the Borough into an
official depository of the Borough in a separate interest-bearing
escrow account in the name of the Borough and the applicant. The custodian
of the account shall be the Chief Financial Officer. The custodian
shall notify the applicant, in writing, of the name and address of
the depository and the amount of the deposit. Disbursements for professional
review services shall be made in accordance with state law and Borough
procedures. Deposit amounts shall be transmitted pursuant to state
statute and applicable Borough regulations and ordinances. When charges
for review fees are received by the custodian of the escrow account,
the amounts shall be transferred to the general fund of the Borough
for approval and disbursements. In accordance with N.J.S.A. 40:55D-53.1,
sums not utilized in the review process shall be returned to the applicant.
If additional sums are deemed necessary, the applicant shall be notified
of the required additional amount and shall add such sum to the escrow
as detailed elsewhere in this chapter.
Pursuant to N.J.S.A. 40:55D-53.1, whenever an amount of money
in excess of $5,000 shall be deposited by an applicant in the Borough
for professional services employed by the Borough to review applications,
the money, until repaid or applied to the purposes for which it is
deposited, including the applicant's portion of the interest
earned thereon, except as otherwise provided for therein, shall continue
to be the property of the applicant and shall be held in trust by
the municipality. Money deposited shall be held in escrow 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 applicant, 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 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 applicant and
shall be refunded to him by the Borough at the time that the unexpended
deposit is repaid or applied to the purpose for which it was deposited,
as the case may be, except that the Borough shall 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.
In the event any applicant desires an accounting of the expenses
or fees paid by him for professional review, he shall request such
in a letter directed to the Secretary of the Planning Board or Board
of Adjustment. Such additional amount as may be required for said
accounting shall be paid to the Planning Board or Board of Adjustment
prior to issuance of a certificate of occupancy in the event that
there are insufficient escrow funds to pay for said account.
All escrow funds described herein shall be utilized by the appropriate
board to pay the cost of any technical and/or professional services
incurred by the board for review and/or testimony in connection with
the particular application. All funds not expended shall be refunded
to the applicant within 120 days after the final determination by
the appropriate board with respect to such application. No amount
shall be refunded prior to certification by the Board Secretary that
said application has been finally determined.
