Former Chapter 28, Miscellaneous Fees was relocated and renumbered as Chapter 33 by Ordinance No. 2011-27.
A. 
Fee Schedule. Every application for development shall be accompanied by a check payable to the municipality in accordance with the following schedule:
Subdivisions
Application Type
Application Fee
Escrow Fee
Minor Subdivision
$250.00
$500.00
Preliminary Major Subdivision
$500.00
$1,000.00
Final Major Subdivision
$200.00
$75.00 per lot
Boundary Line Adjustment.
$200.00
$200.00
Site Plans
Application Type
Application Fee
Escrow Fee
Minor Site Plan
$400.00
$600.00
Minor Site Plan for Signs
$25.00
$100.00
Preliminary Site Plan
$500.00
See § 2800 A1
Final Plan
$250.00
See § 2800 A1
1. 
Fees to Site Plan Review Escrow. The engineering fees for site plan review escrow shall be based on the costs of improvements exclusive of buildings, including, but not limited to construction and installation costs of grading, pavement, surveyors, monuments, drainage structures, storm sewers, sanitary sewers, water mains, fire protection features, streets, gutters, sidewalks, culverts, street lighting, shade trees and landscaping, parking areas, street signs, sedimentation and erosion control devices, public improvements of open space and any other on-tract improvements. Said fees are as follows:
a. 
Application Review Fees:
(1)
$0 to $3,000.00
25.0% of the total cost
(2)
$3,001.00 to $5,000.00
$750.00 plus 18.0% of the amount over $3,001.00
(3)
$5,001.00 to $15,000.00
$1,110.00 plus 8.5% of the amount over $5,001.00
(4)
$15,001.00 to $50,000.00
$2,810.00 plus 6.5% of the amount over $15,001.00
(5)
$50,001.00 to $100,000.00
$4,435.00 plus 4.5% of the amount over $50,001.00
(6)
$100,001.00 to $250,000.00
$6,685.00 plus 3.0% of the amount over $100,001.00
(7)
$250,001.00 to $500,000.00
$11,185.00 plus 2.0% of the amount over $250,001.00
(8)
$500,001.00 to $750,000.00
$16,185.00 plus 2.0% of the amount over $500,001.00
(9)
$750,001.00 to $1,000,000.00
$21,185.00 plus 2.0% of the amount over $750,001.00
(10)
$1,000,001.00 and over
$26,185.00 plus 2.0% of the amount over $1,000,001.00
b. 
Additional Escrow Fees:
(1) 
Planner - For any application for development except for minor subdivision or minor site plan (preliminary or final) - $500.00.
(2) 
Attorney
(a) 
For any application not requiring a public hearing - $350.00
(b) 
For any application requiring a public hearing - $750.00
c. 
The fees provided for in this section shall be preliminary fees and shall not include any additional escrow fees which are required to be paid from time to time as hereinafter provided. The planning board or board of adjustment shall not act or consider any plan until such time as the initial fees are paid in full and no application shall be considered complete until such time as the fees provided for in this section are deposited with the Borough of Flemington.
2. 
Additional Fees. There shall be an additional fee due and owing whenever the original fee paid into escrow is reduced by charges against the account to 35 percent or less of the original fee. The secretary of the planning board or of the board of adjustment shall in writing require the applicant to provide an additional 65 percent of the original fee which additional fee shall be payable within seven days and prior to the planning board or board of adjustment considering in any way or hold hearing on, or public or private discussion of, any site plan, subdivision or other matter before the planning board or board of adjustment. The planning board or board of adjustment shall not discuss, consider, or in any way make any recommendations for a proposed site plan at a regular meeting or work session of the planning board or board of adjustment when the additional fees have not been paid. Any preliminary discussion of a site plan subdivision or any other matter to come before the planning board or the board of adjustment shall be at a work session of the board and no applicant shall request to be placed on the agenda for a regular meeting unless formal application has been made and fees paid. All informal discussion shall be at work sessions. In the event the planning board or board of adjustment must seek the advice of its professionals, either engineering, legal or planning, the application shall no longer be considered informal and the fees provided for herein must be paid prior to participation of any professional advisors of the planning board or board of adjustment.
Other Application and Escrow Fees
Application Type
Application Fee
Escrow Fee
Variances
Hardship (40:55D-70c)
$250.00
$500.00 with $250.00 for each additional variance.
Use (40:55D-70d)
$250.00
$700.00 with $350.00 for each additional variance.
Historic District Applications
$25.00
$100.00
Hear and Decide Appeals
$300.00
Conditional Uses
$200.00
Interpretation of the Zoning Map
$300.00
Sign Variance
$100.00
Hardship or Other Variance
$400.00
Use or Other Variance:
Residential
$25.00 per dwelling unit
Other Uses
$250.00 per acre for the portion affected by the proposed use.
Minimum
$500.00
Maximum
$8,000.00
Building Permit/Conflict with Official Map
$400.00
Building Permit/Lot not related to a street
$400.00
Application to the Board of Adjustment/ Extension of Meeting
$100.00/additional meeting
Other Actions by Board of Adjustment Appeals (40:55D-70a)
$200.00
None
Interpretation (40:55d-70b)
$200.00
$200.00
Appeals to Borough Council
$400.00
None
Issuance of Permit for a Building in Certain Locations (40:55D-34b and 35)
$150.00
$200.00 minimum
Zoning Historic District -Residential
No Fee (included with cost of Bldg. Permit Fee)
Certificate of Occupancy
$25.00
Non-Residential Certificate of Occupancy
$50.00
Certified List of Property Owners
$10.00
Not Applicable
Copy of Transcripts [N.J.S.A. 2B:7-1]
$3.00 per page for first copy plus $.50 per copy for each additional copy
Not Applicable
Copy of Minutes or Decisions
$.10 per page
Not Applicable
Copy of Meeting Tapes
$10.00/Tape
Not Applicable
A. 
No final plat shall be approved by the approving authority until all improvements (onsite, offsite, and off-tract), for which a bond is required in the public interest, have been installed, inspected, and certified as approved and conforming to the requirements of this Ordinance and any other applicable law, including the conditions of preliminary approval by the Municipal Engineer and the approving authority, and a maintenance guarantee has been filed and accepted by the governing body in accordance with the requirements of this section, or their installation shall have been provided for by a performance guarantee accepted and approved by the governing body in accordance with the requirements of this section. No maintenance guarantee shall be accepted nor shall any partial facility be accepted for any item which has further stages or work to be completed or which will need to be altered or reworked in any manner due to the installation or connection of any other facility.
B. 
The performance guarantee cost estimate shall be based on the cost of the installation of all improvements required for final approval or for the issuance of a zoning permit, as the case may be. In calculating such estimate, allowance shall be made for the cost of any prevailing wage determined pursuant to State or Federal law if such wage would have to be paid by the Borough or party under contract with it were the Borough to install the improvements on default of the obligor on the guarantee. The performance guarantee cost estimates shall take into account improvements installed prior to application for approval that do not meet the standards of this Ordinance or other regulations.
C. 
A performance guarantee cost estimate shall be submitted to the approving authority by the Borough Engineer as part of his report on preliminary and final plat review. The approving authority may request the Borough Engineer to review and update this estimate from time to time, as required.
D. 
The proposed performance guarantee required for final plat approval shall be submitted to the Borough Engineer and Borough Attorney for recommendations as to accuracy and form and then to the governing body for approval and acceptance by resolution.
1. 
The portion of the performance guarantee consisting of cash or certified check shall be deposited with the Borough by payment to the Borough Treasurer. The Borough Treasurer shall issue a receipt for such deposits and shall retain the deposits as security for completion of all requirements, to be returned to the developer on completion of all required work or, in the event of default on the part of the developer, to be used by the Borough to pay the costs of completing the requirements. If the required improvements are not completed or corrected in accordance with the performance guarantee and the standards of the Borough within the stipulated time, but not longer than 2 years, the obligor and surety for any bond shall be liable thereon to the Borough for the reasonable cost of the improvements not completed or corrected and, upon authorization by the governing body, the Borough Attorney shall take the necessary steps to obtain such cost from the obligor and surety. The Borough may, either prior to or after receipt of the process of the performance guarantee, complete such improvements.
2. 
The total performance guarantee shall equal 120 percent of the cost of installation to be determined by the Borough Engineer pursuant to N.J.S.A. 40:55D-53.4 and shall include a time limit, not to exceed 2 years, for the proper and complete installation of the improvements for which the guarantee is given. Ninety percent of this total shall be in either cash, certified check, or surety bond, as specified above. The remaining 10 percent shall be in cash and shall be paid in like manner and under the same conditions as the security aforesaid. In the event of default, the 10 percent cash fund herein mentioned shall be first applied to the completion of the requirements and the additional cash, certified check, or surety bond shall thereafter be resorted to, if necessary, for the completion of the requirements. The surety bond or document submitted and approved with the cash or certified check may recite the foregoing provision. The Borough Engineer's certification that the principal has satisfactorily installed or has defaulted in meeting the required standards of construction shall be the basis for governing body action which accepts or rejects the improvements, withholds approval, or extends the time allowed for installation of the improvements.
E. 
The Borough Clerk shall immediately notify the approving authority and the Borough Engineer when the performance guarantee has been approved and accepted by the governing body.
F. 
Prior to beginning construction, the developer shall arrange for a preconstruction conference between the developer, contractor, and Borough Engineer. All improvements and utility installations shall be inspected during the time of their installation by the Borough Engineer or his representative to ascertain satisfactory completion. The Borough Engineer shall be notified by the developer 5 days in advance of the start of construction. The cost of said inspection shall be the responsibility of the developer. The developer shall deposit a certified check or bank money order with the Borough Clerk in the amount stated below for the purpose of covering all reasonable inspection fees to be paid to the Borough Engineer for the inspection of improvements.
1. 
The deposit shall be in addition to the amount of the performance guarantee and all application fees and shall be computed as follows:
2. 
The construction inspection fee deposit is to be calculated from the following tabulation based on the estimated cost of constructing the improvements (calculated in the same manner as a performance guarantee cost estimate), which estimate is to be prepared and submitted by the applicant's engineer and approved by the Borough Engineer, with the concurrence of the approving authority.
a. 
In addition to the performance guarantee provided for above, the developer shall deposit with the borough treasurer in cash or equivalent an amount equal to the following amounts to defray the costs of inspection fees which shall be based on the cost of construction estimate:
(1)
$0 to $3,000.00
12.0% of the total.
(2)
$3,001.00 to $5,000.00
$360.00 plus 11.5% of the amount over $3,001.00
(3)
$5,001.00 to $25,000.00
$590.00 plus 11.0% of the amount over $5,001.00.
(4)
$25,001.00 to $50,000.00
$2,790.00 plus 10.25% of the amount over $25,001.01.
(5)
$50,001.00 - $100,000.00
$5,352.50 plus 9.5% of the amount over $50,001.00.
(6)
$100,001.00 to $250,000.00
$10,102.50 plus 6.0% of the amount over $100,001.00.
(7)
$250,001.00 to $500,000.00
$19,102.50 plus 4.0% of the amount over $250,001.00.
(8)
$500,001.00 to $750,000.00
$29,102.50 plus 3.75% of the amount over $500,001.00.
(9)
$750,001.00 to $1,000,000.00
$38,477.50 plus 3.75% of the amount over $750,001.01.
(10)
$1,000,001.00 and over
$47,852.50 plus 3.75% of the amount over $1,000,001.00.
3. 
Improvement costs as estimated in this section shall include construction and installation costs of grading, pavement, drainage structures, storm sewers, sanitary sewers and other means of sewage disposal and facilities, water mains, fire protection features, streets, gutters, curbs, culverts, site lighting, shade trees, parking areas, landscaping, street signs, erosion control and sedimentation control devices, public improvement of open space, and other required improvements.
G. 
The deposit shall be utilized to reimburse the Borough for all reasonable inspection fees billed by the Borough Engineer for the inspection of improvements. Prior to the utilization of any of such deposit for the reimbursement of such fees, the developer shall be notified in writing by the Borough Engineer. If the developer objects to the amount of such fees as unreasonable, he shall notify the Engineer in writing of such objection within 10 days of the giving of such notice, otherwise he shall be deemed to have waived any right to object to the amount of such fees. In the event the developer objects, his objections shall be heard by the governing body who shall thereafter decide the amount of the fee and authorize payment to the Borough Engineer. Any of the deposit not required for the reimbursement of the inspection fees shall be returned to the developer. The developer shall reimburse the Borough, however, for the amount of such reasonable inspection fees over and above the amount of the deposit.
H. 
Electrical, gas, telephone, and all other utility installations installed by utility companies shall also be subject to the inspection requirements contained herein.
I. 
A certificate of occupancy shall be issued only when the installation of curbs, utilities, functioning water supply, and sewage treatment facilities, necessary storm drainage to insure proper drainage of the lot and surrounding land, rough grading of lots, soil stabilization, and base course for the street and driveway are installed to serve the lot and structure for which the certificate is requested. It is permissible that streets not receive surface course paving until all heavy construction is completed. Shade trees shall not be planted until grading and earth moving is completed. Seeding of grass areas shall be in the final operation.
J. 
Inspection by the Borough Engineer of the installation of improvements and utilities shall not subject the municipality to liability for claims, suits, or liability of any kind that may arise because of defects or negligence, it being recognized that the responsibility to provide proper utilities and improvements and to maintain safe conditions at all times on all parts of the tract, whether construction is waiting to start, is in progress, or is completed, is the responsibility of the developer, not the Borough Engineer.
K. 
After completing the construction of the improvements covered by the performance guarantee, the developer shall prepare 2 sets of plans of the improvements and utility plans and the profiles amended to read "as constructed," which shall be submitted to the governing body. Upon substantial completion of all required utility improvements, and the connection of the same to any public system, the obligor may notify the governing body in writing by certified mail, addressed in care of the Borough Clerk, of the completion of said improvements and shall send a copy of such notification to the Borough Engineer. Thereupon, the Borough Engineer shall inspect all of the improvements of which such notice has been given and shall, within 30 days of completing the inspection, report in writing to the governing body indicating either approval, partial approval, or rejection of such improvements with a statement of reasons for any rejection. The cost of the improvements, as approved or rejected, shall be set forth.
L. 
The governing body shall either approve, partially approve, or reject the improvements on the basis of the report of the Borough Engineer and shall notify the obligor in writing by certified mail of the content of said report and the action of said approving authority with relation thereto not later than 65 days after receipt of the required notice from the obligor of the completion of the improvements. Where partial approval is granted, the obligor shall be released from all liability pursuant to its performance guarantee, except for that portion adequately sufficient to secure provision of the improvements not yet approved (provided that 30 percent of the amount of the performance guarantee posted may be retained to insure completion of all improvements). Failure of the governing body to send or provide such notification to the obligor within 65 days shall be deemed to constitute approval of the improvements and the obligor and surety, if any, shall be released from all liability pursuant to such performance guarantee for such improvements.
M. 
If any portion of the required improvements is rejected, the approving authority may require the obligor to complete such improvements and, upon completion, the same procedure of notification, as set forth in this section, shall be followed.
N. 
The approval of any plat under this Ordinance by the approving authority shall in no way be construed as acceptance of any street, drainage system, or other improvement required by this Ordinance, nor shall such plat approval obligate the Borough in any way to maintain or exercise jurisdiction over such street, drainage system, or other improvement. Acceptance of any street, drainage system, or other improvement shall be implemented only by specific and appropriate action by the governing body.
O. 
The time allowed for installation of the improvements for which the performance guarantee has been provided may be extended by the governing body by resolution. As a condition or as part of any such extension, the amount of any performance guarantee shall be increased or reduced, as the case may be, to an amount not to exceed 120 percent of the cost of installation as determined by the Borough Engineer pursuant to N.J.S.A. 40:55D-53.4, as of the time of the passage of the resolution.
P. 
Maintenance Guarantee.
No improvement shall be accepted by the governing body unless and until all of the following conditions have been met.
1. 
The Borough Engineer shall have certified in writing that all the improvements are complete and that they comply fully with the requirements of this Ordinance and of other applicable law.
2. 
Except where waived as hereinafter provided, a maintenance guarantee shall have been posted with the governing body for a period of 2 years after final acceptance of the improvements in an amount equal to 15 percent of the cost of improvement as determined by the Borough Engineer pursuant to N.J.S.A. 40:55D-53.4. The requirement for a maintenance guarantee may be waived by the approving authority as to particular, or all, improvements where the Borough Engineer has certified that such improvements have been in continuous use and satisfactorily maintained for some period of time, not less than one year from the date that the Borough Engineer certified the completion of such improvements to the approving authority, such use and maintenance giving reasonable assurance that the maintenance guarantee can be waived.
Q. 
Proviso.
Notwithstanding the foregoing, in the event that other governmental agencies or public utilities automatically will own the utilities to be installed or the improvements are covered by a performance or maintenance guarantee to another governmental agency, no performance or maintenance guarantee, as the case may be, shall be required by the Borough for such utilities or improvements.
All ordinances or part of ordinances which are consistent with the provisions of this Ordinance are hereby repealed to the extent of such inconsistency. Upon the adoption of this Ordinance, the following are hereby repealed:
A. 
The Ordinance creating a Planning Board in the Borough of Flemington.
B. 
The Ordinance known as the Land Subdivision Ordinance of the Borough of Flemington and all amendments and supplements thereto.
C. 
The Ordinance known as the Zoning Ordinance of the Borough of Flemington and all amendments and supplements thereto.
D. 
The Development Regulations Ordinance of the Borough of Flemington, and all amendments and supplements thereto.
A. 
The provisions of this Ordinance shall be held to be minimum requirements. If there are any inconsistencies within this Ordinance, or if this Ordinance conflicts with any other ordinance, statute, rule or regulation, whichever provisions are more restrictive or impose higher standards shall control.
B. 
Zoning district boundary lines are intended to follow street center lines, streams, and lot or property lines unless otherwise indicated by dimensions on the Zoning Map. Any dimensions shown shall be in feet, measured horizontally and measured from the street right-of-way line even if the centerline of that street serves as a zoning district line. The location of any disputed zoning district line shall be determined by the Board of Adjustment. Zoning district lines extend vertically in both directions from ground level.
C. 
Where a zoning district line divides a lot, the zoning district line may be modified by the owner by moving the zoning district line up to the property line, provided the property line is within 50 feet of the zoning district line as shown on the Zoning Map. A use or structure permitted in the zoning district so extended shall thereafter be a permitted use or structure in the extended area. A zoning district line shall be altered only once by utilizing this section of the Ordinance after which the use shall be governed by the district in which it is located after the adjustment.
A. 
No site improvements such as, but not limited to, excavation or construction of public or private improvements shall be commenced, except in conformance with this Ordinance in accordance with development approvals and the issuance of required permits.
B. 
Prior to any change in the use of any land or building where the changed use is affected by the requirements of this Ordinance, the developer or his authorized agent shall apply for a zoning permit, except that no separate zoning permit shall be required in any case in which the change in use will require a building permit. The application for a zoning or building permit shall be on forms to be provided by the Borough and shall contain such information, sketches, plans, and data as may be required to determine compliance with this Ordinance. The Zoning Officer shall issue a zoning permit, or endorse the building permit, if he determines that the proposed use conforms with the requirements of this Ordinance and any necessary subdivision, site plan or conditional use approval has been granted. No building permit shall be issued under the Borough Building Code unless and until the Building Inspector has determined that the proposed use and building conform fully to the provisions of this Ordinance and until any necessary subdivision, site plan, or conditional use approval has been granted. The applicant shall supply such sketches, maps, plans, deed description, or such other information as may be necessary to determine conformity with the requirements of this Ordinance.
C. 
The Zoning Officer shall maintain a file of all permits granted, together with all applications, and shall make copies of the permits available to the agencies and officials designated by the Borough Council.
D. 
It shall be unlawful to use or permit the use of any building or part thereof hereafter created, erected, changed, converted, altered, or enlarged, wholly or in part, until a Certificate of Occupancy shall have been issued by the Construction Official and no such certificate shall be issued unless the land, building, and use thereof comply with this Ordinance, all matters incorporated on the approved subdivision or site plan have been completed and certified by the Borough Engineer, and the construction and applicable Board of Health Codes are complied with.
E. 
Certificate of Occupancy.
1. 
With respect to any finally approved subdivision and/or site plan or subsection thereof, a Certificate of Occupancy for each use within the subdivision and/or site plan shall be issued only upon payment of all fees, the posting and continued effectiveness of any required performance and maintenance guarantees, upon compliance with all other applicable statutes, codes, ordinances and regulations, and upon completion of the following improvements for the lot in question and for that portion of the tract serving the use such as providing access to it, providing stormwater facilities to control stormwater flows to, through, and beyond the site in question, or similar services where the following improvements have been required as part of the subdivision and/or site plan approval:
a. 
Curbs.
b. 
All utilities.
c. 
Water supply and sewerage treatment facilities, which shall be functioning and servicing each use for which a certificate of occupancy is being requested.
d. 
Storm drainage facilities.
e. 
Rough drainage facilities.
f. 
Base course of the street(s) serving the property.
g. 
Base course of driveways and parking areas.
2. 
With respect to any individual residential lot within a subdivision, a Certificate of Occupancy shall be issued only upon the completion of the following improvements, in addition to those listed in Subsection E1 above, to the extent the same are required as part of a subdivision approval:
a. 
Sidewalks.
b. 
Driveway aprons.
c. 
Street names and traffic regulatory signs.
If any section, paragraph, clause, or other provision "or application" of this Ordinance shall be adjudged by the courts to be invalid, such adjudication shall apply only to the section, paragraph, clause, or provision so adjudged and the remainder of this Ordinance shall be deemed valid and effective.
A. 
In case any building or structure is erected, constructed, altered, repaired, converted, or maintained; or any building structure or land is used, in violation of this Ordinance; or any regulation made under authority conferred hereby or any approval granted hereunder or the conditions of such approval, the violator shall be subject to a fine not to exceed $1,000.00 or 90 days in jail for each violation. Each day in which the offense occurs shall constitute a separate violation. Further, the proper local authorities of the Borough or any interested party, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use to restrain, correct, or abate such violation, to prevent the occupancy of said building, structure or land to prevent any illegal act, conduct, business or use in or about such premises.
B. 
If, before any final subdivision approval has been granted, any person transfers or sells or agrees to transfer any land which forms a part of a subdivision for which municipal approval is required by this Ordinance, such persons shall be subject to a penalty not to exceed $1,000.00 and each lot disposition so made may be deemed a separate violation.
In addition to the foregoing, the municipality may institute and maintain a civil action:
1. 
For injunctive relief, and
2. 
To set aside and invalidate any conveyance made pursuant to such a contract of sale, if a Certificate of Compliance has not been issued in accordance with N.J.S.A. 40:55D-56.
Subdivision approval pursuant to this Ordinance is required for subdivisions (except exempt subdivisions). The submittal of an application for site plan approval shall not limit the requirements for submission and approval of subdivisions as otherwise required by this Ordinance.
No subdivision plat shall be filed and no deed describing subdivided land requiring subdivision approval shall be recorded with the County Recording Officer until the required minor or final major subdivision approval has been obtained from the approving authority.
No construction permit shall be issued for any new structure, a change of use of an existing structure or addition to an existing structure until a site plan has been reviewed and approved by the approving authority except for the following:
A. 
Construction permits for individual lot applications involving only a detached one- or two-dwelling unit building, except for those in a planned residential development as to which no final site plan approval has been granted.
B. 
Accessory buildings as otherwise permitted for detached one- or two-family dwellings.
C. 
Other buildings accessory to residential principal uses.
D. 
Any change of use from one permitted principal use to another permitted principal use, if, in the opinion of the Administrative Officer, the parking and traffic circulation provisions existing on the site shall be adequate and sufficient for the proposed use.
E. 
The alteration or repair of an existing building which is not either a detached one- or two-dwelling unit building upon determination by the Administrative Officer that the alterations or repair:
1. 
Will not result in additional lot coverage whether by buildings or site improvements; except that a nonresidential structure which increases the existing building coverage by 10 percent or less shall not require site plan approval if, in the opinion of the Administrative Officer, such addition or alteration shall not create nuisance problems to adjoining land uses;
2. 
Will not increase the number of required off-street parking or loading spaces;
3. 
Will conform to the maximum and minimum standards as set forth in Chapter 16; and
4. 
Is not proposed in conjunction with a use requiring a conditional use permit.
Such exemption from site plan review shall not apply to any use, building, structure, or landscape either currently listed on the local, State or National Register of Historic Places, or proposed for inclusion on such register or registers in the Historic Preservation Element of the Master Plan.