[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.