[Ord. No. 751 § 29-6; Ord. No. 759 § 5; Ord. No. 1016-2015]
a. Fees for applications for development or for the rendering of any
services by the Land Use Board or any members of their administrative
and professional staffs shall be in accordance with the Fee Schedule
in this article. Fees shall be paid by check payable to the Borough
of Peapack and Gladstone. Where one (1) application for development
includes several approval requests, the sum of the individual required
fees shall be paid. The fees shall be paid in two (2) different checks,
one (1) for the total application charges and one (1) for the total
escrow charges.
FEE SCHEDULE[Ord. No. 1016-2015]
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Application Charge
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Escrow Account
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1. SUBDIVISIONS
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(a) Minor Subdivision Plat
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$175
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$1,000
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(b) Minor Subdivision Only to Include Lot Line Adjustment
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$175
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$1,000
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(c) Preliminary Major Subdivision Plat
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$350
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$5,000
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(d) Final Major Subdivision Plat
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$175
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$3,500
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(e) Informal Concept Subdivision Plat
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$175
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$1,000 (if professional review is requested)
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(f) Amended Preliminary Plat
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$175
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$2,500
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(g) Amended Final Major Subdivision Plat
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$175
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$1,500
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2. SITE PLANS
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(a) Minor Site Plan
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$175
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$2,000
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(b) Preliminary Major Site Plan
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$250
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$5,000
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(c) Final Major Site Plan
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$200
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$3,000
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(d) Informal Concept Site Plan (no professional
review)
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$200
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$1,000 (if professional review is requested)
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(e) Amended Preliminary Major and/or Final Major
Site Plan
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$200
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$3,000
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(f) Site Plan for Construction of Farm Stand/Market
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$100
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$750
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(g) Site Plan Waiver
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$100
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$500
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(h) Site Plan for telecommunications installations
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$500
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$5,000
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(i) Site Plan for Flood Plain/Riparian Yard Encroachment
when not part of a Subdivision or Site Plan
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$100
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$1,000
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3. Conditional Uses, Not Including Required Site Plan
Subdivision Review
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$100
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$1,500
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Amended Approvals - Subdivision or Site Plan
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$100
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$1,000
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4. VARIANCES
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(a) Appeals (40:55D-70a)
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$200
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$2,000
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(b) Interpretation (40:55D-70b)
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$200
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$1,000
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(c) Bulk (40:55D-70c)
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$150
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$1,500
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(d) Use and Other (40:55D-70d)
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$250
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$3,500
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(e) Permit (40:55D-34 and 35)
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$100
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$500
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(f) Applications that include only Rear and Side
Yard Setback Variances for Decks and Patios
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$100
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$500
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(g) Application not otherwise covered by the above
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$100
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$500
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5. APPROVAL TIME EXTENSIONS
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$100
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$500
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6. ZONE CHANGE REQUESTS
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$150
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$5,000
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7. CERTIFIED LIST OF PROPERTY OWNERS
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$10/list
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None Required
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8. COPY OF MINUTES, RESOLUTIONS OR DECISIONS
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Prices subject to change per N.J.S.A. 47:1A-2
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None Required
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$.05 (letter size page)
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$.07 (legal size page)
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9. SUBDIVISION APPROVAL CERTIFICATE
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$25/ certificate
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None Required
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10. ZONING PERMIT FEE
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$50
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None Required
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11. DRIVE-THRU FACILITIES FOR ALL APPLICATIONS
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$200
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$1,500
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12. SPECIAL MEETING (APPLICANT REQUESTED)
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$1,500
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13. SOIL MOVEMENT PERMIT
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Minor - $200
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$2,500
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Major - $250
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$2,500 (Major: 5K square feet or 1,000 Cubic Yards)
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b. The application fee is a flat fee to recover administrative expenses
including the initial intake of the application, the distribution
of the same, and is nonrefundable.
c. The escrow amount is established to provide payment for technical
and professional costs of the review of application, review and preparation
of documents, and is based on the fee schedule of this section. Reviewing
applications shall include, but shall not be limited to, all times
spent at meetings by the professional staff.
d. No construction or disturbance of land shall be authorized until
all inspection fees have been paid to the Borough. In no case shall
any paving work be done without permission from the Borough Engineer.
At least three (3) working days' notice shall be given to the Borough
Engineer prior to any construction so that he or a qualified representative
may be present at the time the work is to be done. Verification of
said payment shall be certified by the Chief Financial Officer of
the Borough. The applicant shall pay a sum not to exceed, except for
extraordinary circumstances, the greater of five hundred ($500.00)
dollars or five (5%) percent of the cost of improvements, which cost
shall be determined pursuant to law. For those developments for which
the reasonably anticipated fees are less than ten thousand ($10,000.00)
dollars, fees may, at the option of the applicant, be paid in two
(2) installments, and the initial payment deposited by the applicant
shall be fifty (50%) percent of the reasonably anticipated fees. When
the balance of deposit drops to ten (10%) percent of the reasonably
anticipated fees because the amount deposited by the applicant has
been reduced by the amount paid to the Borough Engineer for inspection,
the applicant shall deposit the remaining fifty (50%) percent of the
anticipated inspection fees. For those developments for which the
reasonably anticipated fees are ten thousand ($10,000.00) dollars
or greater, fees may, at the option of the applicant, be paid in four
(4) installments. The initial amount deposited by the applicant shall
be twenty-five (25%) percent of the reasonably anticipated fees. When
the balance of deposit drops to ten (10%) percent of the reasonably
anticipated fees because the amount deposited by the applicant has
been reduced by the amount paid to the Borough Engineer for inspection,
the applicant shall make additional deposits of twenty-five (25%)
percent of the reasonably anticipated fees. The Borough Engineer shall
not perform any inspections if sufficient funds to pay for those inspections
are not on deposit.
1. Streets shall not be paved with a wearing course until all heavy
construction is completed. Shade trees shall not be planted until
all grading and earth moving is completed. The seeding of grass and
the placing of surveyor's monuments shall be among the last operations.
2. The Borough Engineer or his designee shall be notified prior to each
of the following phases of work so that he or a qualified representative
may inspect the work:
(d)
Road paving (after each coat in cases of primary paving and
sealing).
(g)
Drainage pipes and other drainage construction.
(i)
Property monument location.
(j)
Sanitary sewers and/or septic tanks.
(k)
Detention and/or retention basins.
(l)
Topsoil, seeding and planting.
3. Any improvement installed contrary to the plan or plat approval by
the Borough shall constitute just cause to void the Borough approval.
4. Any improvement installed without notice for inspection pursuant
to this section shall constitute just cause.
(a)
Removal of the uninspected improvement.
(b)
The payment by the developer of any cost for material testing.
(c)
The restoration by the developer of any improvements disturbed
during any material testing.
(d)
The issuance of a "stop work" order by the Borough Engineer
pending the resolution of any dispute.
5. Inspection by the Borough of the installation of improvements and
utilities shall not operate to subject the Borough of Peapack and
Gladstone to liability for claims, suits or liability of any kind
that may at any time arise because of defects or negligence during
construction or at any time thereafter; it being recognized that the
responsibility to maintain safe conditions at all times during construction
and to provide proper utilities and improvements is upon the owner
and his contractor, if any.
e. All deposits for technical, professional review and inspection fees
shall be kept in an escrow account for that purpose by the Borough.
This account shall be managed by the Chief Financial Officer of the
Borough who shall administer same in accordance with the terms of
this section.
f. Whenever an amount of money in excess of five thousand ($5,000.00)
dollars shall be deposited by an applicant with the Borough for professional
services employed by the Borough or the Land Use Board to review applications
for development, for Borough inspection fees in accordance with this
section, the money until repaid or applied to the purpose for which
it was deposited, including the applicant's portion of the interest
earned thereon, except as otherwise provided by law, shall continue
to be the property of the applicant and shall be held in trust by
the Borough. Money deposited shall be held in escrow. The Borough
shall deposit the money 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.
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 be required to
refund an amount of interest paid on a deposit which does not exceed
one hundred ($100.00) dollars for the year. If the amount of interest
exceeds one hundred ($100.00) dollars, that entire amount shall belong
to the applicant and shall be refunded to the applicant by the Borough
annually or at the time the deposit is repaid or applied to the purposes
for which it was deposited as the case may be; except that the Borough
may retain for administrative expenses a sum equivalent to no more
than one-third (1/3) of the entire amount which shall be in lieu of
all other administrative and custodial expenses.
g. The Chief Financial Officer of the Borough shall make all of the
payments for professional services rendered to the Borough or Land
Use Board for review of applications for development, review and preparation
of documents, inspection of improvements or other purposes under this
article, such fees or charges to be based upon the ordinances herein.
The application review and inspection charges shall be limited only
to professional charges for review of applications including review
time spent at meetings of the Land Use Board, review and preparation
of documents and inspections of developments under construction and
review by outside consultants when the application is of a nature
beyond the scope of the expertise of the professionals normally utilized
by the Borough. The only costs that shall be added to any such charges
shall be actual out-of-pocket expenses of any such professionals or
consultants including normal and typical expenses incurred in processing
applications and inspecting improvements. The charges by professionals
shall be at the same rate as all other work of the same nature by
the professional for the Borough when fees are not reimbursed or otherwise
imposed on applicants or developers. The Chief Financial Officer of
the Borough shall administer the review and escrow fees as follows:
1. Each payment charged to a deposit for review of applications, review
and preparation of documents and inspection of improvements shall
be pursuant to a voucher from a professional which voucher shall identify
the personnel performing the service, and for each date the service
is performed, the hours spent to one-quarter (1/4) hour increments,
the hourly rate and the expenses incurred. All professionals shall
submit vouchers to the Chief Financial Officer of the Borough on a
monthly basis in accordance with the schedules and procedures established
by the Chief Financial Officer of the Borough. The professional shall
send an informational copy of all vouchers or statements submitted
to the Chief Financial Officer of the Borough simultaneously to the
applicant. The Chief Financial Officer of the Borough shall prepare
and send to the applicant a statement which shall include an accounting
of the funds listing all deposits, interest earnings, disbursements
and the cumulative balance of the escrow account. This information
shall be provided on a quarterly basis, if monthly charges are one
thousand ($1,000.00) dollars or less, or on a monthly basis if the
monthly charges exceed one thousand ($1,000.00) dollars. If an escrow
account or deposit contains insufficient funds to enable the Borough
or Land Use Board to perform required application reviews or improvement
inspections, the Chief Financial Officer of the Borough shall provide
the applicant with a written notice of the insufficient escrow or
deposit balance. In order for work to continue on the development
or the application, the applicant shall within ten (10) days post
a deposit to the account in an amount to be agreed upon by the Borough
or the Land Use Board and the applicant. With regard to review fees,
if the applicant fails to make the deposit within the time prescribed
herein, the Land Use Board shall be authorized to dismiss the application
without prejudice subject to the right of the applicant to seek reimbursement
of the application by written notice to the Chief Financial Officer
that deposits have been posted. The application will be reinstated
upon written notification by the Chief Financial Officer to the Land
Use Board that the deposits are in fact posted. In the interim, any
required health and safety inspections shall be made and charged back
against the replenishment of funds. With regard to inspection fees,
the Borough Engineer shall not perform any inspection if sufficient
funds to pay for the inspections are not on deposit. Failure to post
or maintain balances in accordance with the requirements of these
sections will subject the developer to a "Stop Work" order and/or
suspension of construction permits.
2. The applicant and Chief Financial Officer shall follow the following
close-out procedures for all deposits and escrow accounts established
herein. The procedures shall commence after the approving authority
has granted final approval of the development application including
completion of all conditions of the approval and/or has signed the
appropriate subdivision map or deed, or after all of the improvements
have been approved. The applicant shall send written notice by certified
mail to the Chief Financial Officer of the Borough and the Land Use
Board and to the relevant Borough professional that the application
or the improvements, as the case may be, are completed. After receipt
of such notice, the professional shall render a final bill to the
Chief Financial Officer of the Borough within thirty (30) days and
shall send a copy simultaneously to the applicant. The Chief Financial
Officer of the Borough shall render a written final accounting to
the applicant on the uses to which the deposit has been put within
forty-five (45) days of the receipt of the final bill. Any balances
remaining in the deposit or escrow account, including interest, shall
be refunded to the applicant along with the final accounting.
3. All professional charges for review of the application for development,
review and preparation of documents or inspection of improvements
shall be reasonable and necessary, given the status and progress of
the application or construction review. Fees shall be charged only
in connection with the application for development presently pending
before the approving authority or upon review of compliance with conditions
of approval, or review or requests of modifications or amendments
made by the applicant. The professionals shall not review items which
are subject to approval by a State governmental agency and not under
Borough jurisdiction except to the extent consultation with the State
agency is necessary due to the effect of State approvals on the subdivision
or site plan. Inspection fees shall be charged only for actual work
shown on a subdivision or site plan or required by an approving resolution.
Professionals inspecting improvements under construction shall charge
only for inspections that are reasonably necessary to check the progress
and quality of the work and such inspections shall be reasonably based
on the approved development plans and requirements.
4. If the Borough retains a different professional or consultant in
the place of the professional originally responsible for development,
application review, or inspection or improvements, the Borough or
Land Use Board shall be responsible for all time and expenses of the
new professional to become familiar with the application or the project
and the Borough or Land Use Board shall not bill the applicant or
charge the deposit or the escrow account for any such services.