[1969 Code § 88-77; Ord. No. 1978-6; Ord. No. 80-2; Ord. No. 85-10; Ord. No.
87-1; Ord. No. 93-16; Ord. No. 93-4]
Every application for the review of a site plan, minor subdivision
and major subdivision by the Planning Board or the Board of Adjustment
shall be accompanied by check for deposit on fees, payable to the
Borough of Elmwood Park for the amount computed under the guidelines
below:
a. Any application involving commercial/industrial site plan, minor subdivision at the commercial/industrial zoned property and construction involving Chapter
28, "Flood Damage Prevention."
1. Application fee = $150 (separate check).
2. Board's Attorney fees (separate check):
(a)
$500 in the escrow account for professional fees in preparation
of related work and resolutions.
(b)
$150 for the first acre of land or part thereof included within
the site development plan.
(c)
An additional sum computed at the rate of $25 per acre of land,
or part thereof, in excess of one acre.
3. Engineering fees (separate check):
(a)
$600 for the first acre of land or part thereof included within
the site development plan, plus:
$150 if Soil Conservation District approval is needed;
$250 if County approval is needed;
$250 if DEP approval is needed;
$250 if EPA approval is needed;
$250 if DOT approval is needed.
(b)
An additional sum computed at the rate of $60 per acre for each
acre of land, or part thereof, in excess of one acre.
(c)
An additional sum computed at the rate of $0.05 per square foot
for the first 5,000 square feet of building's gross floor area, or
part thereof, included within the site development plan.
(d)
An additional sum computed at the rate of $0.03 per square foot
for each square foot of building's gross floor area in excess of 5,000
square feet.
(e)
Under no circumstances shall the maximum amount of fees to be
paid on any application with regard to engineering fees exceed the
maximum fee of $2,000 for initial site plan review.
4. Special/extended hearing fees. For any special hearing required or
requested on any application or any extended hearing, extended hearing
is defined to be any hearing in excess of two regular public meetings,
the applicant shall, in addition to the above provided fees, deposit
in an escrow account for professional fees:
$475 for the Board's Attorney (separate check).
$475 for the Borough Engineer (separate check);
$200 for the Board's Recorder (separate check).
b. Any application not involving site plan approval:
1. For a variance from the provisions of the Zoning Ordinance as provided
by N.J.S.A. 40:55D-70, to include all variances other than use variances
as defined herein, an application fee of $100 shall be paid.
2. For a use variance from the provisions of this Zoning Ordinance as
provided by N.J.S.A. 40:55D-70, an application fee of $100 shall be
paid.
3. Where the application for a variance pertains to property containing
more than one building lot of a size of fifty-foot width and 100 feet
in depth, the application fee, in addition to the foregoing fees,
shall be $25 for each additional lot.
4. Under any of the above conditions, the application fee will be accompanied
by a deposit of $200 in an escrow account for professional fees in
preparation of related resolutions, except for residential dimensional
variances for which the deposit in an escrow account will be $50.
5. For initial processing fees in connection with minor subdivision review other than involving commercial/industrial zoned properties and properties regulated by Chapter
28, "Flood Damage Prevention," the foregoing fees shall be posted:
Application fee = $100 (separate check)
Board's Attorney fee = $250 (separate check)
Engineering fee = $400 (separate check)
6. For initial processing fees in connection with major subdivision
review, the following fees shall be paid:
(a)
Up to five Lots, 5,000 square feet or Less, Each.
(1)
Sketch Plat.
Application fee = $100 (separate check)
Board's Attorney fee = $150 (separate check)
Engineering fee = $300 (separate check)
(2)
Preliminary Plat.
Application fee = $100 (separate check)
Board's Attorney fee = $300 (separate check)
Engineering fee (separate check) = $600 plus $100 if Soil Conservation
District approval is needed;
$250 if County approval is needed;
$250 if DEP approval is needed;
$250 if EPA approval is needed;
$250 if DOT approval is needed.
(3)
Final Plat.
Application fee = $100 (separate check)
Board's Attorney fees = $200 (separate check)
Engineering fee = $400 (separate fee)
(b)
Six to 10 Lots, 5,000 square feet or Less Each.
(1)
Sketch Plat.
Application fee = $100 (separate check)
Board's Attorney fee = $150 (separate check)
Engineering fee = $300 (separate check)
(2)
Preliminary Plat.
Application fee = $100 (separate check)
Board's Attorney fee = $350 (separate check)
Engineering fee (separate check) = $700 plus $150 if Soil Conservation
District approval is needed;
$250 if County approval is needed;
$250 if DEP approval is needed;
$250 if EPA approval is needed;
$250 if DOT approval is needed.
(3)
Final Plat.
Application fee = $100 (separate check)
Board's Attorney fee = $250 (separate check)
Engineering fee = $450 (separate check)
(c)
11 Lots or More and Any Number of Lots Having a Lot Area Over
5,000 Square Feet Each.
(1)
Sketch Plat.
Application fee = $100 (separate check)
Board's Attorney fee = $100 (separate check)
Engineering fee = $325 (separate check)
(2)
Preliminary Plat.
Application fee = $100 (separate check)
Board's Attorney fee = $400 (separate check)
Engineering fee (separate check) = $900, plus $150 if Soil Conservation
District approval is needed;
$250 if County approval is needed;
$250 if DEP approval is needed;
$250 if EPA approval is needed;
$250 if DOT approval is needed.
(3)
Final Plat.
Application fee = $100 (separate check)
Board's Attorney fees = $300 (separate check)
Engineering fee = $500 (separate check)
(d)
Certificate of Occupancy (C.O.) or Certificate of Continued
Occupancy (C.C.O.):
Nonresidential zones where the building floor area exceeds 5,000
square feet:
Application fee = $100 (separate check)
Board's Attorney fee = $150 (separate check)
Engineering fee = $200 (separate check)
(e)
Minor Site Plan.
Application fee = $100 (separate check)
Board's Attorney fee = $300 (separate check)
Engineering fee = $400 (separate check)
(f)
Special Hearing.
For any special hearing required or requested on any application
or any extended hearing, extended hearing is defined to be any hearing
in excess of two regular public meetings in connection with the major
subdivision review, the applicant shall, in addition to the above
provided fees, deposit in the escrow account for professional fees:
$475 for the Board's Attorney (separate check)
$475 for the Borough Engineer (separate check)
$200 for the Board's Recorder (separate check).
c. In every application for the review of a site plan, minor subdivision
or major subdivision involving either residential or commercial/industrial
zoned property, the applicant shall deposit in the escrow account,
for each work session after the first work session review, at which
said application is being considered, the following fees:
Separate Checks
|
---|
$400
|
Borough Attorney
|
$400
|
Borough Engineer
|
$150
|
Board Recorder
|
All checks are to be made to the order of the Borough
of Elmwood Park.
[1969 Code § 88-78; Ord. No. 1978-6; Ord. No. 87-1; Ord. No. 93-16]
a. As a condition of final site plan approval of minor or major subdivision
approval, prior to the issuance of a building permit, the applicant
shall furnish a performance guarantee in favor of the Borough in an
amount not to exceed 120% of the cost of installation for all improvements
approved on the plan which involved improvements in public rights-of-way;
improvements extending utility and drainage facilities on the tract;
lighting; curbing and paving, storm drainage, landscaping, and conditions
involving the control of storm water runoff; soil removal, grading
and soil erosion and sedimentation control. In addition, as a condition
of final site plan approval or approval of a major subdivision, prior
to the issuance of a building permit, the applicant shall enter into
a builder's agreement with the Borough when an extension or relocation
of municipal facilities is involved.
b. As a condition of final site plan approval, prior to the issuance
of a Certificate of Occupancy, the filing of a maintenance guarantee
with the Borough covering all items included under the performance
guarantee shall be required. The maintenance guarantee shall be for
an amount approved by the Governing Body upon the advice and recommendation
of the Borough Engineer, but for an amount not more than 15% of the
original estimate of the cost of installing the improvements. The
maintenance guarantee shall run for a period of one or two years as
the Governing Body may determine.
c. 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.
d. The time allowed for installation of the improvements for which the
performance guarantee has been provided may be extended by resolution
of the Borough Council.
e. If the required improvements are not completed or corrected in accordance
with the performance guarantee, the obligor and surety, if any, shall
be liable thereon to the Borough for the reasonable cost of the improvements
not completed or corrected and the Borough may either prior to or
after the receipt of the proceeds thereof complete such improvements.
f. When all of the required improvements have been completed, the obligor
shall notify the Borough Council in writing, by certified mail addressed
in care of the Municipal Clerk of the completion of said improvements
and shall send a copy thereof to the Borough Engineer. Thereupon the
Borough Engineer shall inspect all of the improvements and shall file
a detailed report, in writing, with the Borough Council, indicating
either approval, partial approval or rejection of the improvements
with a statement of reasons for any rejection. If partial approval
is indicated, the cost of the improvements rejected shall be set forth.
g. The Borough 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 contents
of said report and the action of said approving authority with relation
thereto, not later than 65 days after receipt of the 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. Failure
of the Borough Council 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.
h. If any portion of the required improvements are 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.
i. Nothing herein, however, shall be construed to limit the right of
the obligor to contest by legal proceedings any determination of the
Borough Council or the Borough Engineer.
j. The obligor shall reimburse the municipality for all reasonable inspection
fees paid to the Municipal Engineer for the foregoing inspection of
improvements.
k. As a condition of final site plan approval or major subdivision approval
and, in addition to all costs, fees and obligations hereinabove set
forth, the obligor shall be required to post with the Borough sufficient
funds to guarantee payment to the municipality for all reasonable
fees paid to or due the Municipal Engineer and Municipal Attorney
for professional services relating to review services rendered prior
and subsequent to Board approval and inspection. In the event it appears
that insufficient funds have been posted, the Borough Clerk shall,
upon receipt of such advice from the Municipal Engineer and/or Municipal
Attorney, require the obligor to post such further reasonable sums
as may be required.
[1969 Code § 88-78.1; Ord. No.
1978-6; Ord. No. 86-2; Ord. No. 90-6; Ord. No. 91-10]
Deposits to be paid in addition to fees.
a. An applicant shall be responsible to reimburse the Borough of Elmwood
Park for:
1. All expenses of personnel incurred and paid by the Borough necessary
to process an application before a municipal agency, such as, but
not by way of limitation:
(a)
Charges for reviews by professional personnel of applications
and accompanying documents.
(b)
Issuance of reports by professional personnel to the municipal
agency setting forth recommendations resulting from the review of
any documents submitted by applicant.
(c)
Charges for any telephone conference or meetings requested or
initiated by applicant, his attorney or any of his experts.
(d)
Review of additional documents submitted by applicant and issuance
of reports relating thereto.
(e)
Review of preparation of easements, developers agreements, deeds,
or the like.
(f)
Preparation for and attendance at special meetings.
(g)
Preparation of a resolution or memorializing resolution setting
forth the findings and conclusions of the municipal agency with respect
to an application.
b. For purposes of this section, professional personnel shall be defined
to include not only the Borough Attorney, Planning Board Attorney,
Board of Adjustment Attorney and Borough Engineer but any and all
persons, firm, entity or corporation which the municipal agency deems
necessary to engage in order to review and report to the municipal
agency on the application for development then pending before such
agency.
c. Fees shall be charged in accordance with the requirements of this
section on any application submitted for review, pursuant to the provision
of N.J.S.A. 40:55D-10.1.
[Ord. No. 01-6 § 88-78.2]
a. Pursuant to the powers established in N.J.S.A. 40:55D-42, the following
are hereby promulgated with respect to determining the proportionate
or pro-rata share of an applicant for a required off-tract improvement.
Prior to the granting of final approval of a site plan or subdivision,
the applicant shall have installed or made cash payments, in the manner
provided for below with respect to the immediate or ultimate installation
of any required off-tract improvement.
1. Allocation of Costs: Criteria in Determining Allocation. The allocation
or costs for off-tract improvements as between the applicant, other
property owners and the Borough, or any one or more of the foregoing
shall be determined by the Planning Board with the assistance of the
appropriate Borough agencies on the basis of the total cost of the
off-tract improvements, the increase in market values of property
affected and any other benefits conferred, the needs created by the
application, population and land use projections for the general area
of the applicant's property and other areas to be served by the off-tract
improvements, the estimated time of construction of the off-tract
improvements and the condition and periods of usefulness, which periods
may be based upon the criteria of N.J.S.A. 40A:22.2 The following
criteria may also be considered as well as any other reasonable criteria
which would aid in said determination:
(a)
Street, curb, gutter, sidewalk, shade trees, street lights,
street signs and traffic generated by the application and the anticipated
benefit thereto.
(b)
Drainage facilities may also be based upon or be determined
by the drainage created by or affected by any particular land use
considering: (1) the percentage relationship between the acreage of
the application and the acreage of the total drainage basin; (2) the
use of a particular site and the amount of area to be covered by impervious
surfaces on the site itself; and (3) the use, condition or status
of the remaining area of the drainage basin.
2. Improvements to be Constructed at the Sole Expense of the Applicant.
In cases where reasonable and necessary need for an off-tract improvement
or improvements is necessitated or required by the proposed development
application and where no other property owners receive a special benefit
thereby, the Board may require the applicant, as a condition of approval,
at the applicant's expense, to provide for and construct such improvements
as if such were on-tract improvements in the manner provided hereafter
and as otherwise provided by law.
3. Payment of Allocated Costs. In the event that the improvement required
shall be constructed as a general or a local improvement, the estimated
cost of the off- tract improvement allocated to the applicant shall
be deposited with the municipality in the form of cash. The deposit
shall be paid by the subdivider to the Borough Treasurer who shall
provide a suitable depository therefor, and such funds shall be used
only for the off-tract improvements for which they are deposited or
shall be refunded to the applicant as hereinafter set forth.
4. Deposit of Funds. All funds paid by an applicant pursuant to this
section shall be used only for the improvements for which they are
deposited or improvements serving the same purpose.
5. Redetermination of Assessment Upon Completion of Improvements. Upon
completion of off-tract improvements required pursuant to this section,
the applicant's liability hereunder shall be recalculated in accordance
with the actual as compared with the estimated cost of the improvements.
To the extent that such recalculation shall increase or decrease the
amount of any cash deposit made by the applicant hereunder, the applicant
shall forthwith either pay the amount of such increase to the municipality,
or the municipality shall forthwith refund the amount of such decrease
to the applicant.
b. Omissions. Omissions from the bond of any improvement will in no
way be construed as to relieve the developer from his legal obligation
to conform to the required improvements as provided for in this section.
c. Certification. Prior to the final acceptance of any of the required
improvements by the Borough, the applicant, owner or owners shall
have submitted satisfactory affidavits certifying that no unpaid bills,
liabilities or liens against such improvements and installations are
outstanding.