[Ord. No. 989 § 1; Ord. No. 1410 § I; Ord. No. 1504 (2010) § XX; Ord. No. 1598-2016 § 2]
Every developer shall, at the time of application, prior to
any scheduled public hearing or filing for final approval, pay a nonrefundable
application fee and an escrow fee to the City by cash, certified check,
or bank draft in accordance with the fee schedule provided below in
this section. The fee to be paid shall be the sum of the fees for
the component elements of the plat or plan. Proposals requiring a
combination of approvals, such as subdivision, site plan, and/or variance,
shall pay a fee equal to the sum of the fees for each element.
|
Element
|
Application Fee
|
Escrow Fee
| ||
|---|---|---|---|---|
|
a.
|
Each informal review
|
$100
|
$1,500
| |
|
b.
|
Subdivision
| |||
|
1.
|
Preliminary plat (Major subdivision)
|
$500
|
$600 per lot
| |
|
2.
|
Final plat (Major subdivision)
|
$450
|
$1,500
| |
|
3.
|
Minor subdivision (No more than 3 lots)
|
$350
|
$2,000
| |
|
c.
|
Site plans
| |||
|
1.
|
Preliminary
|
$500
|
$3,000
| |
|
2.
|
Final plan
|
$750
|
$1,500
| |
|
3.
|
Minor site plan
|
$250
|
$1,200
| |
|
d.
|
Variances
| |||
|
1.
|
Appeals (40:55D-70a)
|
$350
|
$1,000
| |
|
2.
|
Interpretation (40:55D-70b)
|
$350
|
$1,000
| |
|
3.
|
Hardship (40:55D-70c)
|
$500
|
$1,500
| |
|
4.
|
Variance Pursuant to N.J.S.A. 40:55D-70d (Includes Floor Area
Ratio)
|
$200
|
$1,500
| |
|
5.
|
Permit (40:55D-34 & 35)
|
$200
|
$1,000
| |
|
6.
|
Appeals (City ordinances)
|
$250
|
$1,000
| |
|
e.
|
Any special meeting at the request of applicant
|
$400
|
$1,200
| |
[Ord. No. 989 § 2; Ord. No. 1598-2016 § 3]
All applications and escrow fees pursuant to the schedule listed
above shall be submitted at the time of application. This money is
intended to cover all necessary and reasonable costs incurred by the
City for the Planning Board or Zoning Board of Adjustment to review
and make recommendations on applications. These costs include but
are not limited to professional fees and/or the cost of technical
staff, and advertising, postage and copying expenses. The professional
and technical staff includes, but is not limited to the following:
Board Attorneys, Board Engineer, City review staff, and other professionals
as may be required on particular applications, along with other applicable
technical staff: The fee for the services of the technical and professional
staff shall be determined by resolution of the Planning Board, Zoning
Board of Adjustment, or City as appropriate.
[Ord. No. 989 § 3]
The amount specified for escrow deposits are estimates, and
additional escrow fees may be necessary in particular applications.
If more than the amount specified for escrow is required to pay the
reasonable costs incurred, the applicant shall, prior to being permitted
to move forward in the approval procedure, or prior to obtaining certificates
of occupancy for any portion of the application project, pay all additional
required sums.
[Ord. No. 989 § 4]
Escrow fees shall be controlled by the City Treasurer. In the
event that the escrow deposit is more than required to pay necessary
and reasonable costs of the technical and professional staff, the
excess funds shall be returned to the applicant within 60 days of
the publication of the resolution approving or denying the application.
[Ord. No. 989 § 5]
a.
Whenever an escrow amount is required in excess of $5,000, it shall
be deposited by the applicant with the City for the purposes above
set forth, and the money, until repaid or applied to the purposes
for which it was deposited (including the applicant's portion
of the interest earned thereon), except as otherwise herein provided,
shall continue to be the property of the applicant and shall be held
in trust by the City. Money deposited shall be held in escrow. The
City shall deposit such monies in a banking institution or savings
or loan association in the State of New Jersey insured by an agency
of the Federal government, or in any other fund or depository approved
for such deposits approved by the State of New Jersey, in an interest
bearing account at the minimum rate currently paid by the institution
or depository on time or savings deposits. The City 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 City shall not be required to refund an amount of interest paid
on a deposit which does not exceed $100. If the total amount of interest
exceeds $100 per year, the entire amount shall belong to the applicant
and shall be refunded to him/her by the City annually or at the time
the deposit is repaid or applied to the purposes for which it was
deposited, except that the City may retain, for administrative purposes,
a sum equal to 33 1/3% of the entire amount, which shall be in
lieu of all other administrative and custodial expenses.
b.
Whenever an escrow amount is required in the amount of $5,000 or
less, the escrow sum shall be deposited by the City in an interest-bearing
account. The developer shall be entitled to the annual interest accruing
on the account less an administrative handling fee payable to the
City as follows:
c.
Alternatively, the developer may sign a written interest waiver,
in which case the city shall retain, as its administrative handling
fee, all interest accruing on the account.
[Ord. No. 989 § 6]
When any development proposal given preliminary approval by
the Planning Board requires the review of a master deed, a certificate
of incorporation and by-laws of any Homeowners Association, the form
of unit deed to be utilized and all relevant documents required by
the condominium law or other applicable law and regulations and easements
and dedications, the applicant shall pay a fee at the current rate
per hour for the Board Attorney for such review prior to any scheduled
public hearing or the applicant filing for final approval.
[Ord. No. 989 § 7; Ord. No. 1571 (2014) § 1]
When any development proposal approved by the Planning Board
or Zoning Board includes the construction of site improvements, the
developer, owner or applicant shall pay to the City, prior to the
issuance of any development permit or the start of construction, an
inspection escrow fee equal to 5% of the estimated cost of the site
improvement to be deposited in a construction inspection escrow account.
The estimate shall be approved by the Municipal Engineer. City inspection
costs will be paid from escrow funds. Certificates of Occupancy or
acceptance of improvements shall not be issued until the Municipal
Engineer certifies in writing to the correctness and accuracy of all
site improvements.
[Ord. No. 989 § 8; Ord. No. 1571 (2013) § 2]
With respect to major and/or minor subdivision and/or site plan, the inspection fees required by subsection 28-2.2 shall be paid prior to the issuance of a development permit. The fees shall be paid for the lots in the section or sections for which final approval has been granted. In the event the developer proposes to install improvements prior to final approval and has received proper preliminary approval, the fees shall be paid for the improvements sought to be installed. The inspection fee shall be equal to 5% of the Engineer's proposed construction estimates for the improvements, to be deposited in a construction inspection escrow account.
[Ord. No. 989 § 9]
Any proposed revisions to a plat, including all supporting maps
and documents, previously approved by the Planning Board or Board
of Adjustment, which approval is still in effect, shall require submission
of a revised plat and payment of fees in accordance with the following:
a.
Where changes in the plat are requested by the Planning Board or
Board Engineer, no fees need be paid and only a sufficient number
of copies of the plat incorporating the changes as may be necessary
for distribution, need be submitted.
b.
Where there are only minor changes in the plat proposed by the applicant
or required by another governmental agency where approval was a condition
of the Planning Board or Board of Adjustment approval, which do not
involve any additional building or parking or significant change in
the design of the site or subdivision, an escrow fee of $100 will
be required along with sufficient copies of the plat incorporating
the changes as may be necessary for distribution.
c.
The following shall be considered new applicants and shall require
the full payment of fees as set forth in this chapter for new applications
for development:
1.
Where there are changes in the plat proposed by the applicant, or
required by another governmental agency whose approval was a condition
of the Planning Board or Board of Adjustment approval, which involved
a significant change in design of the site or subdivision.
2.
Where the proposed changes involve a change in use and/or major alteration
of the design concepts of the plat approved by the Planning Board.
d.
Where revisions in the plat only involve additional information required
as a condition of a previous approval, no additional fees shall be
required.
[Ord. No. 989 § 10]
The fee for any request for reapproval or extension of time
shall be $200.
[Ord. No. 989 § 11]
Additionally, if the Planning Board or Zoning Board of Adjustment
creates as a condition of any approval, a requirement that ongoing
inspections are necessary by the City to ensure compliance as a condition
of approval by the applicant, then it shall be the obligation of the
applicant to bear the cost of the inspection fees by placing a sum
designated by the Planning Board, Zoning Board of Adjustment, or the
City, as appropriate, in an escrow fund. Fees will be based on length
of time involved, number of inspections required and the cost of the
inspection to the City. When all inspections have been completed to
the satisfaction of the Planning Board, Zoning Board of Adjustment
or City as appropriate, any excess escrow fund shall be returned to
the applicant within 60 days of the last inspection.
[Ord. No. 989 § 12]
When applications for preliminary and final approval are made
simultaneously, the Planning Board or Zoning Board of Adjustment shall
have the right to waive the payment of additional deposits.
[Ord. No. 989 § 13]
No application for development shall be considered by the Planning
Board or Zoning Board of Adjustment without the prior deposit of sufficient
escrow funds as herein described, and proof by the applicant or payment
of all outstanding property taxes on the parcel(s) in question.
[Ord. No. 989 § 14]
Each applicant for review or approval shall agree in writing
at the time of application and on a form prescribed by the City to
pay all reasonable costs for the Board's engineer, legal utility
reviews and other expenses connected with the review of materials
submitted or otherwise reasonably connected to the application in
question and for any inspections of the improvements as may be required.
Such costs must be paid in full before any construction permit is
issued.
[Ord. No. 989 § 15]
If an applicant desires a certified Court reporter, the cost
of taking testimony and transcribing it, including provisions of a
copy of the transcript to the City, shall be at the expense of the
applicant, who shall also have the sole responsibility to arrange
for the Court reporter's attendance.
[Ord. No. 989 § 16]
Interested parties requesting copies of tape recordings of proceedings,
listings of property owners, or other special services shall pay all
costs plus a clerical fee of $10 per hour. Minimum fee shall be $10
per request.
[Ord. No. 989 § 17]
Any violation of this chapter or the failure to file or post
the escrow funds required shall provide the appropriate Board with
the discretion to consider the application incomplete and therefore
not filed in accord with this chapter.
[Ord. No. 1472 (2010) § I]
Prior to final approval, an applicant for minor or major subdivision
and/or minor or major site plan, including but not limited to any
application that creates moves or changes any lot line or lines, shall
pay a tax map maintenance fee of $100 to the City of Sea Isle City
for each newly described lot and/or each new lot created.
