[Article VIII adopted by Ordinance No. 2007-04]
[Ord. No. 2007-04]
a. 
Purpose. This section is intended to ensure a pro rata share allocation of the costs for off-tract improvements necessitated by new development.
b. 
Definitions and Principles. As a condition of subdivision or site plan approval, the Land Use Board may require an applicant to pay his/her pro rata share of the cost of providing reasonable and necessary circulation improvements, and water, sewerage, and drainage facilities, including land and easements, located off-tract of the property limits of the subdivision or development but necessitated or required by the development. "Necessary" improvements are those clearly, directly, and substantially related to the development in question. The Land Use Board shall provide in its resolution of approval the basis of the required improvements. The capacity and design of proposed improvements shall be based upon the circulation plan element and utility service plan element of the adopted master plan. The proportionate or pro rata amount of the cost of such facilities within a related or common area shall be based on the following criteria.
c. 
Cost Allocation.
1. 
Full Allocation. In cases where off-tract improvements are necessitated by the proposed development, and where no other property owner(s) receive(s) a special benefit thereby, the applicant may be required, at his sole expense and as a condition of approval, to provide and install such improvements.
2. 
Proportionate Allocation. Where it is determined that properties outside the development will also be benefited by the off-tract improvement, the following criteria shall be utilized in determining the proportionate share of the cost of such improvements to the developer.
Allocation formula.
Sanitary sewers. The applicant's proportionate share of distribution facilities including the installation, relocation or replacement of collector, trunk and interceptor sewers, and appurtenances associated therewith, shall be computed as follows:
The Board Engineer shall provide the applicant with the existing and reasonably anticipated peak hour flows as well as capacity limits of the affected sewer system;
If the existing system does not have adequate capacity to accommodate the applicant's flow given existing and reasonably anticipated peak hour flows, the pro rata share shall be computed as follows:
Total cost of enlargement or improvement cost
Capacity of enlargement (gallons per day-gpd)
——————
=
——————————————
Developer's cost
Development-generated gallons per day to be accommodated by the enlargement or improvement
Water Supply. The applicant's proportionate share of water distribution facilities including the installation, relocation, or replacement of water mains, hydrants, valves and appurtenances associated therewith shall be computed as follows:
The Board Engineer shall provide the applicant with the existing and reasonably anticipated capacity limits of the affected water supply system in terms of average demand, peak demand, and fire demand;
If the existing system does not have adequate capacity as defined above to accommodate the applicant's needs, the pro rata share shall be computed as follows:
Total cost of enlargement or improvement cost
Capacity of enlargement or improvement (gallons per day-gpd)
———————
=
——————————
Developer's cost
Development-generated gallons per day to be accommodated by the enlargement or improvement
d. 
Roadways. The applicant's proportionate share of street improvements, alignment, channelization, barriers, new or improved traffic signalization, signs, curbs, sidewalks, trees, utility improvements uncovered elsewhere, the construction or reconstruction of new or existing streets, and other associated street or traffic improvements shall be as follows:
The Board Engineer shall provide the applicant with the existing and reasonably anticipated future peak-hour flows for the off-tract improvement;
The applicant shall furnish a plan for the proposed off-tract improvement which shall include the estimated peak-hour traffic generated by the proposed development and the proportion thereof which is to be accommodated by the proposed off-tract improvement. The ratio of the peak-hour traffic generated by the proposed development which is to be accommodated by the off-tract improvement to the future additional peak-hour traffic anticipated to impact the proposed off-tract improvement shall form the basis of the proportionate share. The proportionate share shall be computed as follows:
Total cost of enlargement or improvement
Capacity of enlargement or improvement (peak-hour traffic)
——————
=
————————————
Developer's Cost
Development peak-hour traffic to be accommodated by the enlargement or improvement
e. 
Drainage Improvements. The applicant's proportionate share of stormwater and drainage improvements including the installation, relocation or replacement of storm drains, culverts, catch basins, manholes, rip-rap, improved drainage ditches and appurtenances thereto, and relocation or replacement of other storm drainage facilities or appurtenances associated therewith, shall be determined as follows:
The capacity of the enlarged, extended, or improved system required for the subdivision and areas outside of the developer's tributary to the drainage system shall be determined by the developer's engineer subject to approval of the Board Engineer. The plans for the improved system shall be prepared by the developer's engineer and the estimated cost of the enlarged system calculated by the Board Engineer. The prorated share for the proposed improvement shall be computed as follows:
Total cost of enlargement or improvement
Capacity of enlargement or improvement (total capacity expressed in cubic feet per second)
——————
=
———————————
Developer's Cost
Developer-generated peak rate of runoff expressed in cubic feet per second to be accommodated by the enlargement or improvement
f. 
Escrow Accounts. Where the proposed off-tract improvement is to be undertaken at some future date, the monies required for the improvement shall be deposited in an interest-bearing account to the credit of the Frankford Township in a separate account until such time as the improvement is constructed.
[Ord. No. 2007-04; Ord. No. 2011-07 § 4]
Before recording of a final subdivision plat, or as a condition of final site plan approval, or as a condition to the issuance of a zoning permit pursuant to N.J.S.A. 40:55D-65, the Board shall require and shall accept, for the purpose of assuring the installation of on-tract improvements, a performance guarantee.
[Ord. No. 2007-04; Ord. No. 2011-07 § 5]
Before recording of a final subdivision plat, or as a condition of final site plan approval, or as a condition to the issuance of a zoning permit pursuant to N.J.S.A. 40:55D-65, the Board shall require and shall accept, for the purpose of assuring the installation of on-tract improvements, a maintenance guarantee.
[Ord. No. 2007-04; Ord. No. 2011-07 § 6]
The Board and Governing Body may require a guarantee in the nature of a restoration bond, or letter of credit for restoration purposes, in favor of the Township, in an amount not to exceed 120% of the estimated cost of site or tract restoration, to be determined by the Board Engineer, to assure that a tract or site which has been disturbed is thereafter restored to its original condition if and when a developer fails to perform the approved development and when the Governing Body determines that the public interest favors restoration of the tract or site rather than performance of the development.
[Ord. No. 2007-04]
Whenever an amount of money in excess of $5,000 shall be deposited by the applicant with the Township for professional services employed by the Township to review applications for development, for municipal inspection fees in accordance with subsection h of N.J.S.A. 40:55D-53 or to satisfy the guarantee requirements of subsection a of 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 Township. Money deposited shall be held in escrow. The Township receiving the money 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 Township 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 Township 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 Township 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 Township 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.
[Ord. No. 2007-04]
a. 
The Chief Financial Officer of the Township shall make all of the payments to professionals for services rendered to the Township or approving authority for review of applications for development, review and preparation of documents, inspection of improvements or other purposes under the provisions of this chapter. 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 Township. 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 Township or approving authority shall not bill the applicant, or charge any escrow account or deposit authorized under subsection b of this section, for any municipal clerical or administrative functions, overhead expenses, meeting room charges, or any other municipal costs and expenses except as provided for in this section, nor shall a Township professional add any such charges to his bill. If the salary, staff support and overhead for a Township professional are provided by the Township, 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 any professionals the charge shall be at the same rate as all other work of the same nature by the professional for the Township when fees are not reimbursed or otherwise imposed on applicants or developments.
b. 
The Township requires of the developer a deposit toward anticipated municipal expenses for these professional services. The deposit shall be placed in an escrow account pursuant to N.J.S.A. 40:55D-53.1 and this section. The amount of the deposit required shall be reasonable in regard to the scale and complexity of the development.
The following close-out procedure shall apply to all deposits and escrow accounts 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:
1. 
The applicant shall send written notice by certified mail to the chief financial officer and the approving authority, and to the relevant Township professionals, that the application or improvements, as the case may be, are completed.
2. 
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.
3. 
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.
4. 
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.
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 government agency and not under municipal 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.
[1982 Code § 14-6.4; Ord. No. 2007-04; Ord. No. 2008-11; Ord. No. 2010-08; Ord. No. 2011-07 § 7; 8-8-2023 by Ord. No. 2023-009; amended 10-8-2024 by Ord. No. 2024-015; 2-10-2026 by Ord. No. 2026-002]
a. 
An application fee shall be paid at the time of filing an application for development. Consideration has been given to the relative and comparative complexity of different categories and classifications of applications. Such fees are designed to be reasonable and to recover the actual costs of municipal operations attributable to the processing and disposition of applications for development. Such operating costs include secretarial and other administrative costs, attendance at regular meetings by Board and/or municipal consultants, costs of preparation, publication and reproduction of documents, and related items and matters. Application and filing fees are to be paid over to the Township Treasurer and added to the Township's funds. In the event an application is withdrawn before it is deemed complete or public notice is given, then 1/2 of the filing fee and any unused escrow shall be returned to the applicant.
b. 
In the event that an applicant for development shall make simultaneous application for the grant of more than one variance, or shall make simultaneous application for more than one of the modes of relief or site plan and subdivision or other relief, the applicant shall pay the base application fee attributable to each such variance and/or concurrent mode of relief so requested.
c. 
In the event that an applicant shall not concur with the Land Use Administrator as to whether the subject matter of an application is residential, commercial or industrial, or shall not concur with the Land Use Administrator as to whether the application for development makes simultaneous application for the grant of more than one variance or simultaneous application for more than one concurrent mode of relief as above stated, the applicant shall deposit fees in the amount as initially determined by the Land Use Administrator, but the final determination of the characterization of the subject matter of such application and the number of variances or modes of concurrent relief required shall be as determined by the Board at the outset of the first hearing, whereupon any indicated or appropriate adjustment in the fees theretofore deposited shall be promptly made.
d. 
Fee Schedules.
1. 
Variances, Appeals, Interpretations - Application Fees. Base application fees shall be payable to the Township of Frankford for applications to the Land Use Administrator with whom the application for development or other application is filed at the time of filing of such application.
Pursuant to:
Residential
Commercial
Industrial
N.J.S.A. 40:55D-70(a)
$800
$1,000
$1,000
N.J.S.A. 40:55D-70(b)
$800
$1,000
$1,000
N.J.S.A. 40:55D-70(c)
$800*
$1,000
$1,000
N.J.S.A. 40:55D-70(d)
$1,200
$1,200
$1,200
N.J.S.A. 40:55D-36
$800
$1,200
$1,200
Other Relief
$1,200
$1,200
$1,200
* Note: If more than 2 "c" variances per lot, the maximum shall be $1,200.
2. 
Subdivision Application Fees. Base application fees shall be payable to the Township of Frankford for application to the Land Use Board as hereinafter provided. Such payment shall be made at the time of filing of said application to the Land Use Administrator with whom the application for development or other application is being filed as follows:
(a) 
Minor Subdivisions-Base Application Fees.
(1) 
Upon original submission of minor subdivision application for all minor subdivisions: $1,000
(2) 
Each resubmission on original application or map for a minor subdivision which has expired pursuant to N.J.S.A. 40:55D-47: $150 per resubmission
(b) 
Major Subdivisions-Base Application Fees.
(1) 
Preliminary plat, original submission: $1,200, plus an additional fee of $200 for each lot shown on plat.
(2) 
Preliminary plat, resubmission or substantial amendment. Minimum application fee: $150, plus an additional fee of $20 for each lot shown on the plat if it encompasses the same land as the original subdivision, and provided that the resubmission is filed within six months of the disapproval of the original subdivision.
(3) 
Final plat, original submission: Minimum application fee: $1,000, plus an additional fee of $20 for each lot shown on the plat.
(4) 
Final plat, resubmission or substantial amendment: Minimum application fee: $150, plus an additional fee of $20 for each lot shown on the plat.
3. 
Site Plans-Base Application Fees.
(a) 
Preliminary Site Plans:
(1)
For each application in the AR Zone:
$1,000 plus $50 per acre[1] of the area of development or fraction thereof
(2)
For each application in the C-1, C-2, C-3, CED-1 and CED-2 Zones:
$1,000 plus $100 per acre of the area of development or fraction thereof
(3)
For each application in the LI Zone:
$1,500 plus $100 per acre of the area of development or fraction thereof
(4)
For each application in the CR Zone:
$1,000 plus $50 per acre of the area of development or fraction thereof
(5)
For each resubmission of a previously approved preliminary site plan:
$600
Applicant shall be responsible for any additional review fees that may be requested as a result of required changes
(6)
For each site plan for construction of a sign permitted in accordance with the ordinances of the Township and not requiring a variance therefor:
$150
[1]
Editor's Note: Acreage is computed as total acres on a lot.
(b) 
Final Site Plans.
(1)
For each application in the AR Zone:
50% of the preliminary site plan fees
(2)
For each application in the C-1, C-2, C-3, CED-1 and CED-2 Zones:
50% of the preliminary site plan fees
(3)
For each application in the Industrial zones:
50% of the preliminary site plan fees
(4)
For each application in the CR Zone:
$500 plus $25 per acre of the area of development or fraction thereof
(5)
For each resubmission of a previously approved final:
$200
Applicant shall be responsible for any additional review fees that may be requested as a result of required changes
(6)
For each final site plan for construction of a sign permitted in accordance with the ordinances of the Township and not requiring a variance therefor:
$150
(c) 
Minor Site Plan Application: $400 plus escrows for Board professionals
(d) 
Conditional Use Application. If application meets all conditions, the fee is the same as for a "c" variance. If application does not meet even one condition, the fee is the same as for a "d" variance application.
(e) 
Review of a Wind Energy System Application. The application fee for review of a wind energy system by the Site Plan Subcommittee shall be: $400.
4. 
Extension Fee. Requests for extensions of prior approvals or variances: $200 plus required escrow fees.
5. 
Portable Sheds.
Portable shed application fee
$100
Portable shed escrow
$100
6. 
Pre-Existing Nonconforming Use Certificates.
Application to Zoning Officer
$20
Application to Land Use Board
$400
Escrow to Land Use Board
$1,000
7. 
Informal Review of a Concept Plan. The application fee for an informal review of a concept plan pursuant to N.J.S.A. 40:55D-10.1 shall be: $1,000, with the exception of a minor residential subdivision which shall be $400
The applicant shall receive 1/2 credit for the application fee paid in connection with such informal review of a concept plan, which credit shall be applied against the base application fees due thereafter and payable upon the filing of such formal application, provided a formal application is filed within six months.
8. 
Special Meeting Fee. The application fee for a special meeting: $2,000 for up to 3 hours and $1,000 per hour prorated thereafter.
9. 
Zone Change Fee. The application fee for a formal zone change request initiated by a potential developer shall be $1,000 for application per meeting or part thereof, plus escrow for professional preparation of zone change documents.
10. 
Certificate of Approval and Release of Performance Bond or Maintenance Bond. The fee for obtaining a certificate of approval and/or release of a performance bond or a maintenance bond shall be equal to $20 for each lot shown on the plat for which such certificate of approval and/or release is sought.
11. 
Driveway Inspection Fees. Three inspections by the Township Engineer shall be required: one for application review, one for the sub-base inspection and the third for the final paving inspection: $125 each for a total of $375.
Additional fees:
(a) 
Map revisions; additional or failed inspections: $50.
(b) 
Inspection for bonding: $50.
(c) 
Extraordinary field work or consultation shall be charged at the rate of $60 per hour.
(d) 
Driveway permits: $25.
12. 
Well Testing. A witness and processing fee of $600 must be paid to the Township prior to each "Two-Part Pumping Test" conducted.
13. 
Outdoor Wood Furnaces: $200.
14. 
Escrow Deposits.
(a) 
Variances, Appeal, Interpretations.
N.J.S.A. 40:55D-70(a)
$1,000
N.J.S.A. 40:55D-70(b)
$1,000
N.J.S.A. 40:55D-70(c)
$2,500
N.J.S.A. 40:55D-70(d)
$2,500
Combined N.J.S.A. 40:55D-70(c) and N.J.S.A. 40:55D-70(d) on one application
$3,500
N.J.S.A. 40:55D-34
$150
N.J.S.A. 40:55D-35
$500
(b) 
Preliminary Site Plan.
Nonresidential
$100/acre plus $0.15/square foot of gross floor area, provided a minimum of $3,000 is deposited
Residential
$60/unit provided a minimum fee of $3,000 is deposited
Site Plan Waiver
$500
Minor Site Plan
$600
(c) 
Final Site Plan.
Nonresidential
$50/acre plus $0.10 square foot of gross floor area, provided a minimum of $1,500 is deposited
Residential
$30/unit provided a minimum of $1,500 is deposited
(d) 
Amended Site Plan: $2,000.
(e) 
Subdivision.
Minor
$500/lot to be created, provided a minimum of $1,500 is deposited
Preliminary Major
$500/lot, provided a minimum of $3,000 is deposited
Final Major
$250/lot, provided a minimum of $1,500 is deposited
(f) 
Conditional Use. If application meets all conditions, the fee is the same as for a "c" variance. If application does not meet even one condition, the fee is the same as for a "d" variance application.
(g) 
Concept Plan: $500.
(h) 
Escrow for Wind Energy Application: $500.
15. 
Zoning Permits:
New Structure
$100
Addition
$50
Detached Garage
$50
Pool
$50
Accessory Structure — Shed, Generator, Gazebo, Hoop Structure
$35
Deck, Patio, Walkway
$35
Retaining Walls
$35
Commercial Use Approval/Change of Tenant
$35
Commercial Sign
$35
Special or Temporary Permits (See Section 1028)
$50
Home Occupation
$35
Resubmit of Denied Zoning Application (within 1 year of original)
$15