The fees described in the table in §
15-4 are hereby fixed and established for Subdivision, Site Plan and Variance applications filed with the Planning Board or Board of Adjustment. The fee is charged to cover the costs associated with the administrative and clerical processing of the application and is not refundable.
In addition to paying the fees prescribed by §
15-1, applicants before the Planning Board or the Board of Adjustment shall deposit with the Borough the escrow deposits specified in §
15-5. The escrow deposit shall be applied to all costs associated with the required review of the application by the engineer, planner, attorney or other professionals employed by the Board.
a. The applicant will have the right to review any reports by the professionals
and to cross-examine them if, and when, they testify before the Board.
b. Before an application requiring the deposit of escrow funds shall
be deemed complete by the approving authority, the applicant shall
post the required escrow amount with the Borough in the form of cash,
certified check or money order. Additional escrow funds may be required
when the escrow has been depleted to 20% of the original amount. The
Borough shall promptly notify the appropriate Board when escrow funds
have been so depleted. Professional consultants and experts shall
inform the approving authority as to the additional anticipated costs.
The approving authority will in turn notify the applicant as to the
amount of additional escrow funds which must be posted. No action
shall be taken on the application until adequate additional funds
have been deposited by the applicant with the Borough Clerk.
c. All bills and vouchers submitted by retained professionals in connection
with the processing of such applications shall specify the services
performed and the time expended relative thereto. The bill shall also
set forth the hourly billing rate. The hourly billing rate shall be
in accordance with the amount set forth in the contract between the
professional and the Borough or appropriate Board. All funds not expended
shall be refunded to the applicant within 30 days after the approving
authority has taken action on the application. The Borough shall also
provide the applicant with an accounting of the escrow funds.
d. Whenever an amount of money in excess of $5,000 shall be deposited by an applicant with a municipality for professional services employed by the municipality to review applications for development, for municipal inspection fees in accordance with Subsection
h. N.J.S.A. 40:55D-53 or to satisfy the guarantee requirements of Subsection
a. N.J.S.A. 40:55D-53, the money, until repaid or applied to the purposes for which it is deposited, including the applicant's portion of the interest earned thereon, except as otherwise provided in this section, 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 it 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 $100 for the year. If the amount of interest exceeds $100, that entire amount shall belong to the applicant and shall be refunded to him by the municipality 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 municipality may retain for administrative expenses a sum equivalent to no more than 33 1/3% of that entire amount, which shall be in lieu of all other administrative and custodial expenses.
e. The Borough chief financial officer shall make all of the payments
to professionals for services rendered to the Borough or approving
authority for review of applications for development, review and preparation
of documents, inspection of improvements or other purposes under the
provisions of the MLUL. Such fees or charges shall be based upon a
schedule established by resolution. The application review and inspection
charges shall be limited only to professional charges for review of
applications, review and preparation of documents and inspections
of developments under construction and 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. 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 municipality or approving authority shall not bill
the applicant, or charge any escrow account or deposit authorized
under Subsection p of this section, for any Borough clerical or administrative
functions, overhead expenses, meeting room charges, or any other Borough
costs and expenses except as provided for in this section, nor shall
a Borough professional add any such charges to his bill. If the salary,
staff support and overhead for a Borough professional are provided
by the Borough, the charge shall not exceed 200% of the sum of the
products resulting from multiplying (1) the hourly base salary, which
shall be established annually by ordinance, of each of the professionals
by (2) the number of hours spent by the respective professional upon
review of the application for development or inspection of the developer's
improvements, as the case may be. For other professionals the charge
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.
f. If the Borough requires of the developer a deposit toward anticipated Borough expenses for these professional services, the deposit shall be placed in an escrow account pursuant to N.J.S.A. 40:55D-53.1. The amount of the deposit required shall be reasonable in regard to the scale and complexity of the development. The amount of the initial deposit required shall be established by ordinance. For review of applications for development proposing a subdivision, the amount of the deposit shall be calculated based on the number of proposed lots. For review of applications for development proposing a site plan, the amount of the deposit shall be based on one or more of the following: the area of the site to be developed, the square footage of buildings to be constructed, or an additional factor for circulation-intensive sites, such as those containing drive-through facilities. Deposits for inspection fees shall be established in accordance with Subsection
h. of N.J.S.A. 40:55D-53.
g. 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 for each date the
services performed, the hours spent to one-quarter 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 schedules and procedures established
by the chief financial officer. If the services are provided by a
Borough employee, the Borough employee shall prepare and submit to
the chief financial officer a statement containing the same information
as required on a voucher, on a monthly basis. 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 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 $1,000 or
less, or on a monthly basis if monthly charges exceed $1,000. If an
escrow account or deposit contains insufficient funds to enable the
Borough or approving authority to perform required application reviews
or improvement inspections, the chief financial officer of the Borough
shall provide the applicant with a notice of the insufficient escrow
or deposit balance. In order for work to continue on the development
or the application, the applicant shall within a reasonable time period
post a deposit to the account in an amount to be agreed upon by the
Borough or approving authority and the applicant. In the interim,
any required health and safety inspections shall be made and charged
back against the replenishment of funds.
h. The following close-out procedure shall apply to all deposits and
escrow accounts established under the provisions of the MLUL and shall
commence after the approving authority 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
as provided in N.J.S.A. 40:55D-53, in the case of improvement inspection
escrows and deposits. The applicant shall send written notice by certified
mail to the chief financial officer and the approving authority, 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 within 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 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.
i. 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 approving authority or upon review of compliance with 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
Borough jurisdiction except to the extent consultation with a State
agency is necessary due to the effect of State approvals in 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 documents.
j. If the Borough retains a different professional or consultant in
the place of the professional originally responsible for development,
application review, or inspection of improvements, the Borough or
approving authority 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 approving authority shall not bill
the applicant or charge the deposit or the escrow account for any
such services.
k. An applicant shall notify in writing the Governing Body with copies to the chief financial officer, the approving authority and the professional whenever the applicant disputes the charges made by a professional for service rendered to the Borough in reviewing applications for development, review and preparation of documents, inspection of improvements, or other charges made pursuant to the provisions of the MLUL. The Governing Body, or its designee, shall within a reasonable time period 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 under N.J.S.A. 52:27D-127 any charge to an escrow account or a deposit by any Borough 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, approving authority, and any professional whose charge is the subject of the appeal. An applicant shall file an appeal within 45 days from receipt of the informational copy of the professional's voucher required by Subsection
c. of N.J.S.A. 40:55D-53.2, 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 60 days from receipt of the Borough statement of activity against the deposit or escrow account required by Subsection
c. of section 13 of P.L. 1991, c.256 (C.40:55D-53.2). An applicant may file an appeal for an ongoing series of charges by a professional during a period not exceeding six 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.
l. During the pendency of any appeal, the Borough or approving authority
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 section. The chief financial officer
pays 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 of the Borough shall reimburse the deposit
or escrow account in the amount of any such disallowed charge or refund
the amount to the applicant. If a charge is disallowed after payment
to a professional or consultant who is not an employee of the Borough,
the professional or consultant shall reimburse the Borough in the
amount of any such disallowed charge.
The application shall not be considered complete until the fees and escrow deposit are paid in full. When an application involves more than one of the categories set forth in section
15-4 below, the applicant shall deposit cumulative amounts.
[Ord. No. 2001-1261 § 3; Ord. No. 10-1576; Ord.
No. 2014-1648; Ord. No. 2019-1800]
The schedule of fees and escrow deposits referred to in §§
15-1 and
15-2 is as follows:
Schedule of Fees and Escrow Deposits
|
---|
Subdivisions
|
Fees
|
Escrows
|
---|
Conceptual Subdivision without review by Board's Attorney, Engineer
or Planner
|
0
|
0
|
Conceptual Subdivision with review by Board's Attorney or Consultant
|
$250
|
$1,000
|
Minor Subdivision or Re-Sub with no newly created variances
|
$500
|
$2,000
|
Minor Subdivision or Re-Sub with newly created variances
|
$500
|
$4,000
|
Preliminary Plat, Major Subdivision
|
$200/lot
|
$5,000 + $200/lot
|
Final Plat, Major Subdivision
|
$100/lot
|
$2,000 + $100/lot
|
Lot Line Adjustment
|
$250
|
$1,500
|
Site Plans
|
Fees
|
Escrows
|
---|
Conceptual Site Plan without expert/legal review
OR Site Plan Review/Waiver done at subcommittee meeting (i.e.,
doesn't require public meeting)
|
0
|
0
|
Conceptual Site Plan with expert/legal review
|
$250
|
$1,500
|
Minor Residential Site Plan including inhouse Professional Use
|
$500
|
$2,000
|
Apartment and Accessory Dwelling Unit applications
|
|
|
Preliminary Multi-Family Site Plan
|
$1,000 + $100/unit
|
$5,000 + $100/unit
|
Final Multi-Family Site Plan
|
$1,000 + $50/unit
|
$5,000 + $50/unit
|
Site Plan Review/Waiver Nonresidential, Facade changes without
site improvements or building expansion (When there is a public hearing)
|
$250
|
$1,000 for those needing public meeting, and/or review by Board
professionals ($0 if done at subcommittee meeting)
|
Minor Nonresidential Site Plan, including outside dining
|
$750
|
$2,500
|
Preliminary Major Nonresidential Site Plan
|
$500 - 1st 2,000 square feet of affected land area
+
$20/each additional 1,000 square feet affected land
+
$500-1st 1,000 square feet of structures
+
$20/each additional 1,000 square feet of affected structures
|
$5,000 + $200/1,000 new/altered square feet GFA
|
Final Major Nonresidential Site Plan
|
$100 - 1st 2,000 square feet land
+
$10/each 1,000 square feet of affected land
+
$100-1st 1,000 square feet GFA
+
$10/each additional 1,000 square feet GFA affected
|
25% of Prelim.
|
[Areas to be rounded off to nearest 1,000 Square Feet]
|
The fees, but not the escrow, are waived for minor non-residential
site plans, preliminary major non-residential site plans and final
major non- residential site plans that involve the expansion of outdoor
dining into areas of the property not shown as outdoor dining areas
on the restaurant's or other eating establishment's current site plan.
[Added 6-28-2021 by Ord. No. 2021-1885
Variances
|
Fees
|
Escrows
|
---|
Use Variances [N.J.S.A. 40:55D-70d]
|
$1,000
|
$2,000
|
Use variances filed in conjunction with application for a Certificate
of Nonconformity [N.J.S.A. 40:55D-68]
|
$0
|
$2,000
|
Applications that include only Rear Yard Setback Variances for
Decks of 300 Square Feet or Less
|
$500
|
$700
|
All Other Bulk Variances [N.J.S.A. 40:55D-70c]
|
$500
|
$1,500
|
Certificates of Nonconformity
N.J.S.A. 40:55D-68
|
Applications to Administrative Officer
|
$200
|
$300
|
Applications to Board of Adjustment
|
$200
|
$800
|
Miscellaneous
|
Fees
|
Escrows
|
---|
Site Plan for Flood Plain/Riparian Yard Encroachment when not
part of a Subdivision or Site Plan
|
$1,000
|
$1,500
|
Amended Approvals - Subdivision or Site Plan
|
25% of initial fee
|
Use initial unless returned, then 25%
|
Appeals filed pursuant to N.J.S.A. 40:55D-70a
|
$200
|
$800
|
Interpretations filed pursuant to N.J.S.A. 40:55D-70b
|
$200
|
$800
|
Appeals filed pursuant to N.J.S.A. 40:55D-34
|
$1,000
|
$1,500
|
Appeals filed pursuant to N.J.S.A. 40:55D-36
|
$1,000
|
$1,500
|
Note No. 1: The Planning Board encourages prospective applicants
to appear at its work meetings for informal discussions of proposals.
No such discussion shall be considered a concept plan until the Board
determines that review by professionals is required. At that point,
the applicant must pay the fee and make the deposit appropriate for
a concept application or a formal application, at the election of
the applicant.
|
Note No. 2: Conditional Use Site Plans shall be charged per
normal Minor or Major Nonresidential Site Plans with the exception
of Professional Use Site Plans and in-house accessory apartment site
plans which shall be treated as Minor Residential Site Plans.
|
Inspection fees for Subdivision and/or Site Plans shall be 5%
of the cost of all improvements subject to inspections.
Copies, documents or transcript of record of proceedings furnished
to an interested party pursuant to c.192, P.L. 1975, Section 6f (N.J.S.A.
40:55D-10f) shall be charged at the rate of $0.40 for each original
page (folio) and $0.10 for each of the copies or the maximum permitted
by N.J.S.A. 2A:11-15, whichever is greater. An order for a transcript
must be accompanied by a deposit of $500 or some other amount which
the Administrative Officer considers to be reasonable.
[Ord. No. 2003-1312 § 2]
List of property owners from current tax duplicate pursuant
to N.J.S.A. 40:55D-12c. -$10.
Copy of Decision of Governing Body to interested party in connection with an appeal pursuant to Subsection
3-16.1 of this chapter - $10.
Publication in newspaper of decision of Governing Body on an
appeal pursuant to N.J.S.A. 40:55D-17g - cost of publication.