[Amended 3-12-1991 by Ord. No. 306-91; 12-19-1991 by Ord. No.
317-91; 10-13-1992 by Ord. No. 409-92; 2-9-1993 by Ord. No.
502-93; 4-13-1993 by Ord. No. 504-93; 7-19-2001 by Ord. No.
105-01; 11-28-2006 by Ord. No. 110-06; 11-27-2007 by Ord. No. 104-07[1]]
The purpose of this article shall be to set a schedule for site
plan, subdivision, variance and other zoning fees as described herein.
All fees, and deposits therefor, described in this section shall
be paid by certified check, bank money order or good check. Development
proposals involving more than one use shall pay a fee and deposit
equaling the sum of the fees for the component elements of the plat
or submission. Development proposals requiring a combination of approvals,
such as subdivision, site plan, and/or a variance, shall pay a fee
and deposit equal to the sum of the fees for each element.
A.
Filing
and review fees; escrow accounts.
(1)
The
applicant shall, at the time of submission, pay the nonrefundable
fees to the Borough set forth in this section.
(2)
The
filing fees set forth in this section are based upon normal services
required for processing applications for development and include,
among other expenses, the services of the approving authority secretary
in handling the application. These filing fees are not intended to
cover the following costs (also called "review costs"):
(a)
The cost of the technical reviews of the application, and reports
on it, by experts such as the Borough Engineer, the Borough Planning
Consultant, and any other professional experts and consultants, whose
review, study, research and reports and/or testimony is deemed necessary
by the approving authority in order to assure compliance with applicable
laws, ordinances, rules and regulations; and
(b)
The charges of the approving authority attorney, Borough Engineer,
Borough Planning Consultant, and of a certified shorthand reporter,
if any, at approving authority meetings during the discussion, review
or processing of the application.
(3)
In
addition to the foregoing filing fees, each applicant for development
approval shall establish one or more escrow accounts with the Borough
to cover review costs involved with the application. A review fee
is to be paid by the applicant. The review fee is equivalent to the
total of the review costs associated with the application as they
are finally determined as described below.
(4)
At
the time of submitting an application for development, and periodically
thereafter, the applicant shall deposit to the escrow account the
amounts hereinafter provided, which are designed to cover the review
fee, and shall execute an escrow agreement. The escrow agreement shall
be in a form prescribed by the approving authority. All filing fees
and the required initial escrow deposit must be paid prior to certification
that the application is complete. In the event that the amounts required
to be deposited initially in the escrow account are not sufficient
to cover the review costs, the approving authority shall request additional
escrow funds, in accordance with the procedure hereinafter set forth,
and these additional funds shall be paid by the applicant.
B.
General
fees/escrow deposits.
(1)
Zoning
permit: $5.
(2)
Application
for classification: $50 per application.
(3)
Certified
list of property owners within 200 feet: $10.
(4)
Construction
permit in conflict with Official Map or for lot not related to a public
street (N.J.S.A. 40:55D-36): $400 escrow.
(5)
Application
for certification of preexisting nonconforming use (N.J.S.A. 40:55D-68):
$200 escrow.
(6)
Other
unspecified applications or preliminary inquiry to the Planning Board:
$400 escrow.
(7)
Appeal
to Borough Council (N.J.S.A. 40:55D-17): $400 escrow. The appellant
shall also, in accordance with N.J.S.A. 40:55D-17c, arrange for seven
copies of the transcript of the hearing(s) before the Planning Board,
the cost of which is to be paid for by the appellant.
(8)
Conditional
use approval (N.J.S.A. 40:55D-67): $500 escrow.
(9)
Appeal
pursuant to N.J.S.A. 40:55D-70a or b: $125 and $375 escrow.
(10)
Lot line adjustment: $500, plus $1,000 escrow per lot.
(11)
Request for rezoning: $2,500 escrow.
(12)
Preliminary meeting with Borough professionals: $1,000 escrow.
(13)
Application for special meeting: $1,000.
(14)
Waiver request as to checklist item required for completeness of
application: $20 per waiver request.
(15)
Application to construct a lot not abutting a public street (N.J.S.A.
40:55D-36): $500 and $500 escrow.
(16)
Professional services, attorney, engineer, etc.: actual time for
review.
(17)
Home occupation permit: $10.
C.
Subdivision.
(1)
Informal
(conceptual) review: $1,000 escrow (to be credited toward filing fees
for a later formal application for the same development within 90
days).
(2)
Minor
subdivision approval: initial application fee of $300, plus $2,500
escrow for each lot.
(3)
Major
subdivision approval:
(4)
Subdivision
inspection. Prior to the requesting of any inspection, the applicant
shall deposit with the Borough a fee to cover the cost of construction
inspection in all major subdivisions. The amount of the fee shall
be based upon the following schedule:
|
Total Cost of Improvements
|
Inspection Fee
|
|---|---|
|
Less than $10,000
|
$200 plus 8% of the excess over $1,000
|
|
$10,000 to $50,000
|
$800 plus 6% of the excess over $10,000
|
|
More than $50,000 to $100,000
|
$4,000 plus 6% of the excess over $50,000
|
|
More than $100,000 to $200,000
|
$6,000 plus 5% of the excess over $100,000
|
|
More than $200,000
|
$11,000 plus 5% of the excess over $200,000
|
D.
Site
plan approval.
(1)
Minor site plan approval: $150 and $3,000 escrow.
(2)
Preliminary major approval: $1,000, plus $30 per 1,000 square
feet of lot area, plus $80 per 1,000 square feet of lot coverage.
(3)
Final major approval: $500, plus $15 per 1,000 square feet of
lot area, plus $40 per 1,000 square feet of lot coverage.
(4)
Extension of preliminary approval of a major site plan: $500.
F.
Telecommunications
installation.
(2)
The
approving board will require the applicant to post a bond at the time
of approval to cover the costs for the removal of the personal wireless
service facility in the event that the municipality must remove the
facility.
(3)
Site plan exempt application fee: $450.
[Added 10-25-2016 by Ord.
No. 106-16]
(4)
Site plan exempt application escrow deposit for professional
review: $1,500.
[Added 10-25-2016 by Ord.
No. 106-16]
G.
Signs.
The fee for each sign permit is as follows:
|
Size of Sign
(square feet)
|
Signs Attached to Buildings
|
Freestanding Signs
|
|---|---|---|
|
Less than 8
|
$1
|
$3
|
|
8 but less than 20
|
$3
|
$6
|
|
20 but less than 40
|
$6
|
$10
|
|
40 but less than 100
|
$10
|
$20
|
|
100 or more
|
$15
|
$30
|
I.
Sidewalk
inspection: $25.
J.
Surface
water management plan review:
(1)
For
plan in connection with a construction permit: $50 per permit.
(2)
For
plan in connection with a site plan or subdivision approval: no separate
fee (fee is deemed included in application fee for such approval).
(3)
Notwithstanding the forgoing, in instances where a separate fee is required by Subsection J(1) and a submitted plan is not approved, $25 of the fifty-dollar fee per lot paid by the applicant shall be refunded to the applicant because inspection of the implementation of the plan was not necessary.
A.
The escrow
deposit shall be utilized to pay the review fees which are based upon
the review costs. The professional services constituting the review
costs shall be calculated in accordance with the actual time required
for the review, study, research, report, testimony and/or transcription,
at rates established by a schedule of professional fees adopted and
from time to time amended by resolution of the Borough Council, when
requested by the Planning Board. This schedule shall be maintained
in the office of the Borough Clerk as well as the office of the Secretary
of the Planning Board for public inspection.
(1)
Professionals (including certified shorthand reporters) engaged
by any approving authority in connection with the application, and
whose services are to be paid from an escrow account, shall submit
vouchers for all fees and expenses for their services to the approving
authority for approval, itemized by application and by type of service
rendered. The approving authority shall review all review costs to
be assessed to an escrow account as determined in accordance with
the aforementioned schedule of professional fees, as well as the need
therefor. In making such review, the approving authority shall consider
the following criteria as they apply to the particular application:
(a)
The presence or absence of public water and/or sewer servicing
the site.
(b)
Environmental considerations, including but not limited to geological,
hydrological and other ecological factors.
(c)
Extent of new streets, roads, and other circulation and parking
areas and the traffic impact of the proposed development.
(d)
Impact of the proposed development on surface water drainage
and on existing aquifer and/or water quality.
(e)
Changes in the application which require additional review.
(f)
Length of time of hearings and other meetings reasonably required
to process the application.
(g)
Amount of time involved in the professional review and report.
(2)
If the approving authority determines that the costs are reasonable
and appropriate, the costs so determined shall constitute part of
the review fee, and the approving authority shall forward its determination
to the Borough Treasurer, who shall withdraw the amounts from the
escrow account and pay them over to the appropriate professional.
B.
Administration
of escrow deposits.
(1)
Each escrow deposit shall be held in escrow by the Borough in an account separate from the general funds of the Borough and separate from any other such account. Review fee escrow deposits shall be in an account separate from inspection deposits established under § 270-168. The account shall be 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.
(2)
All interest earned on any account shall be retained in the
account until paid over as hereinafter provided.
(3)
The escrow deposit and account associated with each application
shall be replenished by the applicant whenever the original escrow
deposit is reduced by payments and approved charges against the account
to 35% or less of the original amount. The approving authority secretary
shall notify the applicant to replenish the escrow, and the applicant
shall upon request deposit up to an additional 25% of the original
escrow account amount. In addition to all of the above, if the approving
authority secretary shall determine that the approved additional estimated
costs exceed any of the foregoing amounts, the secretary shall require
such additional amounts as shall be required to cover such expenses.
No further consideration, review, processing or inspection shall be
performed by or on behalf of the approving authority until the additional
escrow has been paid (except that the application may be denied for
failure to make the required additional payment).
(4)
In the event that the applicant believes any amount charged
or to be charged to his escrow deposit is unreasonable, the applicant
may (provided that he has then made all required payments into his
escrow account) file with the approving authority secretary a written
objection and request for a hearing by the approving authority with
respect to such amounts. If the applicant was sent written notice
that such amount was so charged or would be so charged, he shall file
such written objection and request for hearing within 10 days after
such written notice was sent to him. In the event that an objection
and request for hearing is made in this manner, the approving authority
shall hold a hearing with respect to the objection and make a determination
as to the appropriateness of the amounts, using the criteria set forth
above in this section. If the approving authority modifies its previous
determination, an appropriate adjustment shall be made.
(5)
The applicant may also, within 10 days after the decision of
the approving authority following the hearing, appeal its decision
to the Borough Council by written notice of appeal received within
such time by the Borough Clerk. The appellant shall provide the Borough
Council with that portion of the transcript of the approving authority
hearing on the matter, at the appellant's cost, and the appeal shall
be on the record made before the approving authority.
(6)
The approving authority or Borough Council shall commence any hearing it conducts (as provided for above in this Subsection B) within 30 days of receiving the request for the hearing. The decision of the body conducting the hearing shall be memorialized in a resolution containing findings of fact and conclusions. The Borough Council, when acting as an appellate body from a decision of the approving authority, may affirm or alter the approving authority's decision.
(7)
Within 120 days and in the absence of any appeal by the applicant
of the merits of the application, after completion of the review of
an application for development by the approving authority, whether
preliminary or final, the adoption of any resolution memorializing
the decision on the application, and the satisfaction of all conditions
required for the plat to be signed, or after the withdrawal of an
application (or after the conclusion of the informal discussion if
the deposit was made for that purpose and is not to be credited toward
an application for development), the Borough Treasurer shall refund
to the applicant all deposit moneys remaining in the account together
with the interest, if any, which the applicant is entitled to receive.
The Borough shall retain interest earned on the deposit which does
not exceed $100 for the year. If the interest earned on the deposit
exceeds $100 for the year, 2/3 of the entire amount of the interest
earned shall be refunded to the applicant and the remaining 1/3 shall
be paid over to the Borough. After any remaining balance in the account
(including such interest) is so disposed of, the escrow account shall
be terminated.
C.
Payment
of fees required. All permits, determinations, resolutions, or certificates
of approval are subject to the payment of all required fees, including
the filing fee(s) stated above and the review fee (which is the aggregate
of the finally determined review costs). No application shall be deemed
complete until the required filing fee(s) and the required initial
escrow deposit amounts have been paid to the Borough. The full payment
of the proper filing fee(s) and the review fee(s) as finally determined
is a required condition for the approval of an application for development,
and action to approve such application shall not be taken until such
full payment has been made.
D.
Other
guarantees and fees. Performance guarantees, inspection fees and maintenance
guarantees shall be in addition to the filing fees and review fees
referred to above.
