[1980 Code § 128-39; amended by Ord. No. 1113; Ord. No. 1348; Ord. No. 2232 § I; Ord. No. 2473-2016]
A. Pursuant to the provisions of N.J.S.A. 40:55D-37, approval by subdivision plats by resolution of the Planning Board shall be required as a condition precedent for the filing of such plats with the Union County Register's office. Approval of site plans by resolution of the Planning Board shall be required as a condition precedent to the issuance of a building permit, zoning permit or certificate of occupancy for any alterations, additions or change in use of any existing structures or construction of new structures or construction, alteration, addition or commencement of or to a conditional use, provided that the resolution of the Board of Adjustment shall substitute for that of the Planning Board whenever the Board of Adjustment has jurisdiction over a subdivision or site plan pursuant to §
40-211B.
B. Subdivisions for individual lot applications for detached one- or
two-dwelling-unit buildings shall be exempt from site plan review
and approval.
C. The Zoning Officer may issue a zoning permit and waive site plan
review and approval for alterations to existing buildings where the
alteration will not change exterior building dimensions, the use is
permitted in the zone district, the alterations will not increase
the parking requirements and/or the changes do not cause any other
more stringent conditions to be imposed. The Zoning Officer, in order
to make such determinations, may require the submission of any proofs,
documentation, plans and the like which he deems necessary to determine
compliance with these conditions. If the Zoning Officer is not satisfied
as to an applicant's fulfillment of such conditions or if he should
determine that site plan review and approval is necessary, he shall
not grant a waiver of site plan requirements.
[1980 Code § 128-40]
A. Pursuant to N.J.S.A. 40:55D-18, the Borough Construction Code Official
and the Borough Engineer are hereby designated as the chief enforcement
officers of Part 2, Land Subdivision and Site Plan Review, of this
chapter, and they shall be responsible to the Mayor and Council for
its administrative enforcement.
B. All decisions by the enforcement officials under the provisions of
Part 2, Land Subdivision and Site Plan Review, of this chapter shall
be forwarded, in writing, immediately to the appropriate department
heads and Borough officials.
[1980 Code § 128-41; amended by Ord. No. 2049; Ord. No. 2103; Ord. No. 2168; Ord. No. 2174; Ord. No.
2195; Ord. No. 2261 § 1]
A. Application and escrow fees. Roselle Park Planning Board and Board
of Adjustment.
[Amended 10-7-2021 by Ord. No. 2667]
Type of Application
|
Application Fee
|
Escrow Fee
(first $200 nonrefundable)
|
---|
1.
|
Relief from use regulation
|
a.
|
For a one- or two-family residential use
|
$200
|
$400
|
b.
|
For a multifamily (3 or more units) residential use
|
$250
|
$100 per unit
($800 minimum)
|
c.
|
For a commercial/business use
|
$350
|
$0.06 per square foot of lot area
($800 minimum)
|
2.
|
Relief from bulk regulations/site requirements (each)
|
a.
|
Off-street parking
|
(1) One or two-family residential use
|
$75
|
$250
|
(2) Multifamily or business business/commercial
use
|
$150
|
$500
|
b.
|
All other bulk requirements
|
(1) One- or two-family residential use
|
$75
|
$250
|
(2) Multifamily residential use
|
$150
|
$500 for the first and $100 for each additional variance
|
(3) Nonresidential use
|
$150
|
$300 for the first and $100 for each additional variance
|
3.
|
Conditional use authorization and interpretations (N.J.S.A.
40:55-7)
|
$150
|
$600
|
4.
|
Preliminary site plan application
|
All applications which require site plan review
|
$0.04 per square foot of lot area ($200 minimum)
|
$2,000 per acre or part thereof and $0.06 per square foot of
gross floor area ($800 minimum)
|
5.
|
Final site plan approval
|
$0.02 per square foot of lot area ($200 minimum)
|
$1,000 per acre or part thereof and $0.30 per square foot of
gross floor area ($600 minimum)
|
6.
|
Subdivision
|
a.
|
Sketch plat for a major subdivision
|
$100
|
$200
|
b.
|
Preliminary
|
(1) Minor
|
$100 plus $25 per each lot added
|
$1,000 (nonrefundable)
|
(2) Major
|
$250 plus $25 per lot added
|
$600 (nonrefundable)
|
c.
|
Final
|
(1) Minor
|
10% of the preliminary fee ($100 minimum)
|
$600
|
(2) Major
|
10% of the preliminary fee ($300 minimum)
|
$200 per lot ($1,000 minimum)
|
7.
|
Design standard waiver
|
a.
|
A request for a design standard
|
$50 each waiver
|
$250 for first waiver and $50 for each additional waiver
|
b.
|
Zoning application review for a change of use
|
$100 each waiver
|
N/A
|
B. Appeals for Zoning Interpretations. Appeals to the Board of Adjustment
for Interpretations of the Zoning Ordinance/appeal of a Construction
Official decision shall be:
Type of Use
|
Fee
|
Escrow
|
---|
One- and two-family
|
$100
|
0
|
Multifamily and nonresidential
|
$200
|
$300
|
C. Hearings. The fee for a hearing scheduled at a special meeting held
at the request of the applicant shall be $1,500 for each hearing scheduled.
D. Legal Notice. The fee for publication of a legal notice indicating
the decision of the approving authority shall be $15.
E. Stenographer Fees. The Boards may require the taking of testimony
stenographically having the same transcribed, the cost of which shall
be borne by the applicant.
F. Informal Review. The fee for holding an informal review in accordance
with this chapter shall be $150.
G. Zoning Permit. The fee for a zoning permit shall be $25.
[1980 Code § 128-41; added by Ord.
No. 1367; amended by Ord. No. 2049]
A. Escrow Deposits. In addition to the initial fees or charges as elsewhere set forth, the Planning Board and/or Board of Adjustment shall require escrow deposits in accordance with the provisions of the fee and deposit schedule set forth in §
40-703. The Chief Financial Officer shall make all payments to professionals for services rendered to the Planning Board or Board of Adjustment for review of applications for development, review and preparation of documents, inspection of improvements or other purposes under the provisions of N.J.S.A. 40:55D-1 et seq. The application review and inspection charges shall be limited only to professional charges for review and preparation of documents and inspections of developments under construction and for review by outside consultants, when an application is of a nature beyond the scope of the expertise of the professionals normally utilized by the Borough of Roselle Park. The only cost that shall be added to any such charges shall be actual out-of-pocket typical expenses incurred in processing applications and inspecting improvements. No applicant shall be charged for any municipal, clerical or administrative functions, overhead expenses, meeting room charges, or any of the municipal costs and expenses, except as provided for specifically by statute, nor shall a municipal professional add any such charge to his bill.
B. Scope of Reimbursed Services. The Borough of Roselle Park shall be
entitled to be reimbursed for the review of applications, both as
to completeness and as to content; for the review and preparation
of documents such as, but not limited to, drafting resolutions, developer's
agreements, necessary correspondence with applicant or applicant's
professionals, and inspections.
C. Deposit of Escrow Funds; Refunds. Deposits received from any applicant
in excess of five thousand ($5,000) dollars shall be held by the Chief
Financial Officer in a special interest-bearing deposit account, and
upon receipt of bills from professionals and approval of the bills
as hereinafter provided for, the Chief Financial Officer may use such
funds to pay the bills submitted by such professionals or experts.
The Borough shall not be required to refund an amount of interest
paid on a deposit which does not exceed one hundred ($100) dollars
for the year. If the amount of interest exceeds one hundred ($100)
dollars, the entire amount shall belong to the applicant and shall
be refunded to him by the Borough annually, or at the time the deposit
is repaid or applied for 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 thirty-three and one-third
(33 1/3%) percent of that entire amount, which shall be in lieu
of all other administrative and custodial expenses. All sums not actually
so expended shall be refunded to the applicant within ninety (90)
days after the final decision by the Planning Board or Board of Adjustment
with respect to such application, upon certification by the Board
Secretary that such application has been finally decided.
D. Payments.
1. Each payment charged to the deposit for review of applications, review
and preparation of documents and inspection of improvements shall
be pursuant to a voucher from the professional, which voucher shall
identify the personnel performing the service, and each date the services
were performed, the hours spent to one-quarter (1/4) hour increments,
the hourly rate and the expense incurred.
2. All professionals shall submit vouchers to the Chief Financial Officer
on a monthly basis in accordance with the schedules and procedures
established by the Chief Financial Officer. The professional shall
send an informational copy of all vouchers or statements submitted
to the Chief Financial Officer simultaneously to the applicant and
the Planning Board or Board of Adjustment for whom services were performed.
E. Payments Required Prior to Issuance of Permits. No zoning permits,
building permits, certificates of occupancy or any other types of
permits may be issued with respect to any approved application for
development until all bills for reimbursable services have been received
by the Borough of Roselle Park from professional rendering services
in connection with such application and payment has been made.
F. Close-Out Procedures.
1. The following close-out procedures shall apply to all deposits and
escrow accounts established under the provisions of N.J.S.A. 40:55D-1
et seq. and shall commence after the Planning Board or Board of Adjustment
has granted final approval and signed the subdivision plat or site
plan in the case of application review escrows and deposits, or after
the improvements have been approved in accordance with N.J.S.A. 40:55D-53,
in the case of improvement inspection escrows and deposits.
2. The applicant shall send written notice by certified mail to the
Chief Financial Officer and the Planning Board or Board of Adjustment
and to the relevant municipal 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 of Roselle Park within thirty
(30) days and shall send a copy simultaneously to the applicant. The
Chief Financial Officer shall render a written final accounting to
the applicant on the uses to which the deposit was put within forty-five
(45) days of receipt of the final bill. Any balances remaining in
the deposit or escrow account, including interest in accordance with
N.J.S.A. 40:55D-53.1, shall be refunded to the developer along with
the final accounting.
G. Scope of Charges. All professional charges for review of an 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 an application for development
presently pending before the Planning Board or Board of Adjustment,
or upon review of compliance with the conditions of approval, or review
of requests for modification or amendment made by the applicant. A
professional shall not review items which are subject to approval
by any State governmental agency and not under municipal jurisdiction
except to the extent consultation with a State agency is necessary
due to the effect of State approvals on the subdivision or site plan.
H. Limitation of Inspection Fees. 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 work, and such inspections
shall be reasonably based on the approved development plans and documents.
I. Substitution of Professionals. If the Borough of Roselle Park retains
a different professional or consultant in the place of a professional
originally responsible for development application review, or inspection
of improvements, the Borough or the Planning Board or Board of Adjustment
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 the Planning Board or Board of Adjustment shall not bill the applicant
or charge to the deposit or the escrow account for any such services.
J. Estimate of Cost of Improvements. The cost of the installation of
improvements for the purposes of N.J.S.A. 40:55D-53 shall be estimated
by the Borough Engineer based on documented construction costs for
the public improvements prevailing in the general area of the Borough
of Roselle Park. The developer may appeal the Borough Engineer's estimate
to the County Construction Board of Appeals, established pursuant
to N.J.S.A. 52:27D-127.
K. Appeals.
1. An applicant shall notify the Governing Body in writing, with copies
to the Chief Financial Officer, the Planning Board or Board of Adjustment
and the professional, whenever the applicant disputes the charges
made by a professional for a service rendered to the Borough in reviewing
applications for development, review and preparation of documents,
inspection of improvements, or other charges made pursuant to N.J.S.A.
40:55D-53.2. The Governing Body or its designee shall within a reasonable
time attempt to remediate any disputed charges. If the matter is not
resolved to the satisfaction of the applicant, the applicant may appeal
to the County Construction Board of Appeals, established pursuant
to N.J.S.A. 52:27D-127, any charge to an escrow account or deposit
by any municipal professional or consultant, or the cost of the installation
of improvements estimated by the Borough Engineer pursuant to N.J.S.A.
40:55D-53.4. An applicant or his authorized agent shall submit the
appeal in writing to the County Construction Board of Appeals. The
applicant or his authorized agent shall simultaneously send a copy
of the appeal to the Borough or Roselle Park, the Planning Bard or
Board of Adjustment, and any professional whose charges are the subject
of the appeal. An applicant shall file an appeal within forty-five
(45) days from the receipt of the informational copy of the professional's
voucher required by N.J.S.A. 40:55D-53.2(c), except that if the professional
has not supplied the applicant with an informational copy of the voucher,
then the applicant shall file his appeal within sixty (60) days from
receipt of the Borough's statement of activity against the deposit
or escrow account required by N.J.S.A. 40:55D-53.2(c). An applicant
may file an appeal for an ongoing series of charges by a professional
during a period not exceeding six (6) months to demonstrate that they
represent a pattern of excessive or inaccurate charges. An applicant
making use of this provision need not appeal each charge individually.
2. Appeals shall be taken in accordance with the rules and procedures
established by the County Construction Board of Appeals.
3. During the pendency of any appeal, the Borough of Roselle Park, the
Planning Board or Board of Adjustment shall continue to process, hear
and decide the application for development and to inspect the development
in the normal course and shall not withhold, delay or deny reviews,
inspections, signing of subdivision plats or site plans, the reduction
or the release of performance or maintenance guarantees, the issuance
of construction permits or certificates of occupancy, or any other
approval or permit because an appeal has been filed or is pending
under this subsection. The Chief Financial Officer may pay charges
out of the appropriate escrow account or deposit for which an appeal
has been filed. If a charge is disallowed after payment, the Chief
Financial Officer shall reimburse the deposit or escrow account in
the amount of any such disallowed charge or refund the account to
the applicant. If a charge is disallowed after payment to a professional
or consultant who is not an employee of the Borough of Roselle Park,
the professional or consultant shall reimburse the Borough in the
amount of any such disallowed charge.