[Amended 8-3-98 by Ord. No. 0-8-98-031]
A. 
Application fees. The application fee is a nonrefundable fee used to defray the administrative costs of processing the application based upon the Fee Schedule of this article.
B. 
Review fees. Review fees are established to provide payment for technical and professional costs of the review of applications, review and preparation of documents and are based on the fee schedule of this article. Reviewing applications shall include, but is not limited to, all time spent at meetings by the professional staff.
C. 
Inspection fees. Deposits for inspection fees shall be established in accordance with N.J.S.A. 40:55D-53.2 as herein below set forth:
(1) 
No construction or disturbance of land shall be authorized until all inspection fees have been paid to the municipality. Verification of said payment shall be certified to by the Chief Financial Officer of the Township. The applicant shall pay a sum not to exceed, except for extraordinary circumstances, the greater of $500 or 5% of the cost of improvements, which cost shall be determined pursuant to law. For those developments for which the reasonably anticipated fees are less than $10,000, fees may, at the option of the applicant, be paid in two installments and the initial payment deposited by the applicant shall be 50% of the reasonably anticipated fees. When the balance of deposit drops to 10% of the reasonably anticipated fees because the amount deposited by the applicant has been reduced by the amount paid to the Municipal Engineer for inspection, the applicant shall deposit the remaining 50% of the anticipated inspection fees. For those developments for which the reasonably anticipated fees are $10,000 or greater, fees may, at the initial amount deposited by the applicant shall be 25% of the reasonably anticipated fees. When the balance of deposit drops to 10% of the reasonably anticipated fees because the amount deposited by the applicant has been reduced by the amount paid to the Municipal Engineer for inspection, the applicant shall make additional deposits of 25% of the reasonably anticipated fees. The Municipal Engineer shall not perform any inspections if sufficient funds to pay for those inspections are not on deposit. In the event that the Chief Financial Officer or designee certifies that there are insufficient funds, the developer shall be so notified in writing, and all construction work and activity shall immediately cease and shall not resume until the Chief Financial Officer or designee certifies that sufficient funds are on deposit, adequate in amount to permit inspections to resume. However, any required health and safety inspections shall be made and charged back against said escrow fund.
(2) 
Inspection fees shall be charged only for actual work shown on a subdivision or site plan or required by an approving resolution, and legal review work incidental thereto, including but not limited to guarantees, performance bonds, and insurance policies. 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. Professional legal review work by the Township Attorney shall be directly related to the inspection process and documents incidental thereto, as authorized by Sections 108-13.2 and 108-13.9 of the Monroe Township Code.
D. 
Required fees and escrow amounts. The following list of applications must be accompanied, at the time of submission of the application, by the fees and escrow amounts set forth in Schedule 15-A and Subsection E herein. These fees and escrow amounts shall consist of the sum of the following:
(1) 
In Column A, an administrative fee which is charged to the applicant to cover the costs associated with the clerical processing and filing of the application, which fee shall be nonrefundable; and
(2) 
In Column B, a professional review escrow amount which shall be deposited into the Professional Review Escrow Account, maintained by the Municipal Treasurer. The deposit required of the applicant and deposited into the Professional Review Account shall cover the costs associated with the required review of the application by the Zoning or Planning Board's Engineer, Planner or Attorney, and such other professionals as the Board may reasonably require, including but not limited to Traffic Engineer and Certified Tree Expert, which review may include a written report on the application to be submitted to said Board. Prior to drawing monies out of the Professional Review Escrow Account, each professional engaged by the Board shall submit an invoice and voucher of the cost of review of the application to the Township Treasurer or designee. Following conclusion of the professional review regarding the application, any unused funds deposited by an applicant into the Professional Review Escrow Account shall be refunded to the applicant in accordance with the close-out procedures herein; and
(3) 
Variance and exception fees as per Section E herein.
E. 
Additional fees.
(1) 
If an escrow account or deposit contains insufficient funds to enable the Township to perform required application reviews or improvement inspections, the Township Treasurer or designee shall provide the applicant with a notice of the insufficient escrow or deposit balance. Whenever the account balance contains 30% or less of the initial escrow deposit, said account shall be considered insufficient, and the applicant shall be notified to deposit an additional amount of at least 30% of the initial escrow deposit, or such other amount as agreed upon by the Township and the applicant. In order for work to continue on the application, the applicant shall post the additional deposit within 30 days of the mailing of notice to applicant.
(2) 
In regard to any pending application, the additional deposit or any outstanding escrow balance shall be paid in full by applicant prior to memorialization of the Board's decision on the application. In the event that the Resolution of Memorialization contains any conditions of approval which must be satisfied by applicant, any additional escrow deposit must be paid in full by applicant prior to the signing of any map, plat, or deed by the Chairman and Secretary of the Board which granted approval.
(3) 
Whenever an applicant resubmits plans to the Township for professional review, the applicant shall be required to deposit therewith an amount equal to 30% of the initial escrow deposit. This additional escrow deposit with resubmission of plans shall be in addition to any other escrow deposit which may be required due to an insufficient escrow account balance. No professional review of resubmitted plans shall occur until this additional deposit has been received by the Township.
(4) 
The fees set forth in the aforementioned schedules are exclusive of any other charges which may be required by the Township to cover the costs of the furnishing of copies, ordinances, list of property owners, or transcripts, or the inspection of buildings or improvements in conjunction with the issuance of construction permits or certificates of occupancy.
F. 
Professional review.
(1) 
The application review and inspection charges shall be limited only to professional fees and charges for review of applications, technical review meetings, special meetings, review and preparation of documents, inspections of developments under construction, and professional review by outside consultants when an aspect of an application is of a nature beyond the scope of the expertise of the professionals normally utilized by the Township.
(2) 
In addition, the professional may add any out-of-pocket expenses of such professional or consultant, including any normal and typical expenses incurred in processing applications and inspecting improvements.
(3) 
Professionals who are retained by the Township shall charge the applicant at the same rate as all other work of the same nature done by said professional for the Township when fees are not reimbursed or otherwise imposed on applicants or developers.
(4) 
Each professional fee or charge to the escrow account for review of applications, review and preparation of documents and inspection of improvements shall be pursuant to an invoice and voucher from the professional, which shall identify the personnel performing the service, each date the service was performed, the hours spent to one-quarter (1/4) hour increments, the hourly rate, and the expenses incurred.
(5) 
All professionals shall submit vouchers to the Township treasurer or designee on a monthly basis in accordance with schedules and procedures established by the Township Treasurer or designee.
(6) 
If the salary, staff support and overhead for a municipal professional are provided by the Township, the charge shall not exceed 200% of the sum of the products resulting from multiplying the hourly base salary, which shall be established annually by ordinance, of each of the professionals by the number of hours spent by the respective professional on the review of the application for development.
(7) 
In the event that any fees paid by an applicant into the Professional Review Escrow Account shall exceed $5,000, such applicant's account shall be placed into an interest-bearing trust account in conformance with the requirements of N.J.S.A. 40:55D-53.1. The applicant shall be notified, in writing of the institution in which the deposit has been made and the amount of such deposit. Any interest earned on the account shall be applied in accordance with the provisions of N.J.S.A. 40:55D-53.1.1. The Township shall keep records of all application fees paid in accordance with generally accepted accounting principles.
G. 
Schedule 15-A. The schedule of fees and escrow amounts is set forth in Schedule 15-A which is attached hereto and made a part hereof.
[Amended 7-2-2018 by Ord. No. O-6-2018-018; Ord. No. O-9-2018-029]
SCHEDULE 15-A
Type of Development Application
Administrative Fee
Professional Review Escrow Fee
Minor Subdivision
$100.00 per lot
$750.00 per lot
Major Subdivision
(a) Preliminary
(i) 1 to 10 lots
$500.00+$20.00/lot
$2,500.00 (1st lot) + $200.00/add'l lot
(ii) 11 to 50 lots
$750.00+ $20.00/lot
$2,500.00 (1st lot) + $100.00/add'l lot
(iii) 51 to 100 lots
$1,000.00+ $20.00/lot
$2,500.00 (1st lot) + $100.00/add'l lot
(iv) 101 to 150 lots
$1,250.00+ $20.00/lot
$2,500.00 (1st lot) + $75.00/add'l lot
(v) Over 150 lots
$2,000.00+$20.00/lot
$2,500.00 (1st lot) + $75.00/add'l lot
(b) Final
$750.00+ $20.00/lot
1/2 of preliminary above
Minor Site Plan
(a) Less than 1,500 sq. ft. of building
$500.00
$1,500.00
(b) 1501 sq. ft. to or more
$750.00
$3,000.00
(c) Modification of less than 10,000 sq. ft. of previously approved site plan
$500.00
$3,000.00
(d) Modification of more than 10,000 sq. ft. of previously approved site plan
$750.00
$3,000.00
Major Site Plan
(a) Residential preliminary
(i) 1 to 10 dwelling units
$500.00+ $20.00/unit
$2,500.00 (1st unit) + $200.00/add'l unit
(ii) 11 to 50 dwelling units
$750.00+ $20.00/unit
$2,500.00 (1st unit) + $200.00/add'l unit
(iii) 51 to 250 dwelling units
$1,000.00+ $20.00/unit
$2,500.00 (1st unit) + $200.00/add'l unit
(iv) over 250 dwelling units
$1,250.00+ $20.00/unit
$2,500.00 (1st unit) + $150.00/add'l unit
(b) Residential final
$750.00+ $20.00/unit
$2,500.00 (1st unit) + $100.00/add'l unit
(c) Nonresidential preliminary
(i) less than 1,001 sq. ft. of total lot area
$500.00
$4,000.00
(ii) less than 5,001 sq. ft.
$750.00
$4,500.00
(iii) less than 10,001 sq. ft.
$1,000.00
$6,000.00
(iv) more than 10,001 sq. ft.
$1,500.00
$9,000.00
(d) Nonresidential final
$500.00
$3,500.00
(e) Planned Retirement Community (PRC)
$2,500.00
$7,500.00
(f) General Development Plan as per N.J.S.A. 40:55D-45.1
$2,500.00
$7,500.00
(g) Other planned developments (as defined in N.J.S.A. 40:55D-6)
$2,500.00
$7,500.00
(h) Tree inspection by Licensed Tree Expert
[Added 7-2-01 by Ord. No. 0-7-2001-027; amended 10-1-18 by Ord. No. O-9-2018-029]
$35.00 per lot.
$2,000.00
Application for building in the bed of a mapped street (Pursuant to N.J.S.A. 40:55D-34)
$100.00
$1,500.00
Permit for constructing on a lot that does not abut a mapped street (Pursuant to 40:55D-35)
$100.00
$1,500.00
Applications for Variance
(As set forth in N.J.S.A. 40:55D-70a, appeal from Administrative Official or Agency)
$250.00
$1,750.00
Conditional Use (All conditions satisfied and heard by Planning Board N.J.S.A. 40:55D-70d)
$500.00
$3,500.00
Interpretation (Pursuant to N.J.S.A. 40:55D-70b)
$100.00
$1,000.00
Informal Conceptual Review
(a) Proposed small scale development (less than 10 acres)
$250.00
$1,500.00
(b) Proposed large scale development (more than 10 acres)
$500.00
$3,000.00
Bulk and Use Variance
(Pursuant to N.J.S.A. 40:55D-70c and d)
(a) Undersized lot variance (Application involving only one lot occupied or to be occupied by only one single-family dwelling)*
$100.00
$500.00
(b) Application by single- or two-family homeowner of single lot for bulk variance (homeowner application involving remodeling or expansion of existing home)
$100.00
$500.00
(c) Any other bulk variance
[Added 4-5-99 by Ord. No. 0-4-99-015]
$100.00/each
$500.00/each
(d) Application for use variance pursuant to N.J.S.A. 40:55D-70d
[Amended 4-5-99 by Ord. No. 0-4-99-015]
$500.00
$3,500.00
Resubmission of Plans (Required for all applications)
0
30% of original escrow fees
*No additional fees or escrow amounts will be required for other bulk variances which may be required because of the undersized lot.
H. 
Variances and exceptions. In addition to the administrative fees and professional review escrow amount, set forth in Schedule 15-A above, additional professional review escrow amounts where applicable, and in the following amounts shall also be paid by the applicant.
[Amended 7-2-2018 by Ord. No. O-6-2018-018]
(1) 
For every bulk variance that is requested as part of the application, $350 per variance.
(2) 
For every exception ("waiver") pursuant to N.J.S.A. 40:55D-51 that is requested as part of the application, $150 per exception.
I. 
Fees for special meetings.
[Amended 7-2-2018 by Ord. No. O-6-2018-018]
(1) 
Special professional meetings. Any applicant for development may request that a special meeting be scheduled between the applicant and its professionals and the Board Planner, Engineer and Attorney. Such meetings shall be scheduled upon request of the applicant and at the discretion of the Planning Administrator. The applicant shall pay an application fee of $250.00 for proposed developments under ten acres and $500.00 for proposed developments of ten acres or more. The applicant shall post a professional review escrow of $3,000.00.
(2) 
Special Planning Board or Zoning Board of Adjustment meeting. Any applicant may request that a special meeting of a Board be scheduled and devoted exclusively to a single application. Such meeting shall be scheduled upon request of the applicant and at the discretion of either the Board Chairperson or his/her designee. Such special meeting shall be of no more than a three hour duration. The applicant shall post a professional review escrow of $3,000.00. The time and expenses of the Board's Professionals required preparing for and following up after such special meeting shall be charged against such professional review escrow account, which shall be replenished as necessary. If such a meeting shall, by agreement of the Board and the applicant, extend beyond the three hour meeting time allotted, the applicant shall deposit any additional funds into the professional review escrow account which may be required to cover the costs of the additional time expended by the Board's professionals for such an extended meeting. All such additional amounts shall be paid by the applicant promptly after the meeting. In addition to the additional escrow amounts, the applicant shall also be required to pay an administrative fee equal to 1/3 the original administrative fee for each special meeting held.
J. 
Waiver and remission of application fees.
[Amended 7-2-2018 by Ord. No. O-6-2018-018]
(1) 
The Board when acting upon an application, shall recommend to the Township Council whether or not to grant a remission or waiver from all or any portion of the fee schedules hereinabove established based upon any of the following:
(a) 
The nonprofit status of the applicant;
(b) 
A determination that collection of the fees would constitute an economic hardship upon the applicant; or
(c) 
The unique characteristics of the application, making collection of the full fees substantially disproportionate to the regulatory costs applicable to reviewing the application.
K. 
Close-out procedures. 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 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 in accordance with 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 the approving authority 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 municipality within 30 days and shall send a copy simultaneously to the applicant. The Chief Financial Officer of the municipality 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.
[Amended 7-2-2018 by Ord. No. O-6-2018-018]
L. 
Appeals. Any dispute by the applicant as to any professional review fees or expenses shall be handled in accordance with the procedure established pursuant to the provisions of N.J.S.A. 40:55D-53.2a.
[Amended 7-2-2018 by Ord. No. O-6-2018-018]