[Ord. No. 97-29 § 601]
There is hereby established in connection with various applications
for development and other matters which are the subjects of this chapter
various fees as set forth below.
[Ord. No. 97-29 § 602]
The developer shall, at the time of filing a submission, pay
fees as established below to the Secretary of the Board by certified
check or bank money order. Proposals involving more than one use shall
pay a fee equaling the sum of the fees for the component elements
of the application. Proposals requiring a combination of approvals,
such as subdivision, site plan and/or a variance, shall pay a fee
equal to the sum of the fee for each element.
[Ord. No. 91-12 §§ 1,
2; Ord. No. 97-29 § 603; Ord. No. 04-17; Ord. No.
07-29 § 1; Ord. No. 10-24 § 4]
Application fees for subdivisions, site plans, conditional uses,
variances and appeals are established and set forth below:
a. Planning Board.
Site Plan
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$200
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No variance required
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$200 per acre or part thereof, plus $200 for each additional
acre or part thereof
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Site Plan Waiver
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$100
|
Conditional Use (no variance)
|
$250
|
Major Subdivision - no variance
|
$400
|
Major Subdivision and per lot
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$150
|
Major Subdivision final plat map
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$200
|
Minor Subdivision - no variance
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$200
|
Combine or Merge Lots
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$50
|
Master Plan - per copy
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$30 plus postage
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b. Board of Adjustment.
Variance Required (other than use)
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$100
|
Site Plan - no variance
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$100
|
Variance
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$100 per acre or part thereof, plus $100 for each additional
acre or part thereof
|
Use variance — 1 - or 2-Family Residence
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$250
|
Use Variance - other than above
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$250
|
Conditional use variance
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$250
|
Tennis Court Approval - Each
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$50
|
Swimming Pool Approval
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$50
|
Zoning Permit
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$25
|
Temporary Use Permit
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$50
|
[Ord. No. 97-29 § 604;
New; Ord. No. 07-29 § 2; Ord. No. 09-06 §§ 1, 2; Ord. No. 13-21 §§ 2, 3;
amended 6-13-2023 by Ord. No. 23-14]
In addition to the filing fees or any other fees required in
this Article, an applicant shall file with the Administrative Officer
an escrow deposit fee of adequate funds to cover the costs incurred
for the technical review of the application by planners, attorneys
and any other professionals, stenographic transcripts and/ or experts
employed by the Borough on a consultant basis whose services are deemed,
by the Borough, necessary to report upon the application and to cover
any and all costs in processing the application. The Chief Financial
Officer shall place all such deposits in an escrow account in the
name of the applicant and shall charge against such account all disbursements
in connection with the costs referred to above. Technical review fees
shall be calculated in accordance with the actual time required for
review at rates established by a schedule of professional fees filed
annually with the Administrative Officer and approved by the Planning
Board, which schedule shall be maintained in the office of the Borough
Clerk for public inspection. The administration of technical review
escrow deposits and payments made to professionals from these deposits
shall be in accordance with the provisions of N.J.S.A. 40:55D-53.1
and Section 13 of P.L. 1991, c. 256. At the time of filing an application
for development, the applicant shall pay to the Borough an initial
deposit for technical review fees as established and set forth below:
Fee Deposit
|
Minimum Escrow
|
---|
$200 - Site Plan - No Variance
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$5,000
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$300 - Site Plan - Variance Required
|
$5,000
|
$100 - Site Plan Waiver
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$600
|
$250 - Conditional Use - No Variance Required
|
$2,500
|
$450 - Conditional Use - "C" Variance
|
$3,000 (Conditional Use with "D" Variance - Board of Adjustment)
|
$400 - Major Subdivision - No Variance
|
$7,500
|
$500 - Major Subdivision - Variance
|
$8,000
|
$150 - Additional Per Lot
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N/A
|
$200 - Major Subdivision Final Plat/Map Each Section
|
$1,000
|
$200 - Minor Subdivision - No Variance
|
$4,000
|
$400 - Minor Subdivision - Variance
|
$5,000
|
$50 - Combine or Merge Lots
|
$50
|
$50 - Informal Review
|
$500
|
NOTE TO APPLICANT: When turning in your application, two separate
checks are required: (1) a check for Fee made out to the Borough of
Tenafly and (2) a check for the Escrow required made out to the Borough
of Tenafly.
|
a. Special Meetings. If a special meeting is necessary for consideration
of an application for development, the applicant shall pay a fee of
up to $1,000 to defray the additional costs of holding such a special
meeting as approved by the Board.
b. Converting a Work Session to Public Meeting. An applicant shall pay
a fee of $500 as a condition of granting a request to convert a work
session to a public meeting in order for the Planning Board to hear
an application for development.
c. Administration of Technical Review Deposit Fees. The administration
of technical review escrow deposits shall be in accordance with the
provisions of N.J.S.A. 40:55D-53.1 and Section 13 of P.L. 1991, c.256
and as provided below.
1. Each technical review escrow deposit shall be held by the Borough
in a trust account separate from the general funds of the Borough.
2. The Borough agency shall not process and/or take action on the application
unless all fees and deposits required in the manner described herein
have been paid by the applicant. Property taxes shall have been paid
to date.
3. In the event that the funds in the escrow account should become depleted
prior to the completion of the application procedure and additional
funds are necessary to cover the cost of processing the application,
the applicant shall deposit additional funds in the amount as requested
by the Administrative Officer. In order to expedite the processing
of applications by the Borough agency, the Administrative Officer
shall notify the applicant in writing when additional funds are necessary.
Such additional funds shall be deposited no later than one week prior
to the next regularly scheduled meeting of the Board (if payment is
made less than one week prior to the next Board meeting, then payment
must be made by official bank check, certified or bank cashier's check),
and the applicant's failure to comply shall constitute grounds for
postponement or dismissal of the application. In the event that such
failure to deposit shall continue for more than 30 days after the
date of the Administrative Officer's written notification to the applicant,
then the Board chairperson shall make a motion to dismiss the application
at the next regularly scheduled meeting of the Board.
4. All bills submitted to a Borough agency by the planning consultant,
engineer, attorney or other professionals containing charges to be
applied to an escrow account authorized and established pursuant to
this section shall specify the services performed in relation to individually
identified applications for which the charges have been made.
5. Unit charges (i.e., per diem or hourly fees, inspection or expert
testimony charges) levied by an engineer, planning consultant, attorney
or other professionals for services applied to an escrow account authorized
and approved pursuant to this section may not exceed those unit charges
contracted for and/or approved by the Borough agency for services
by these professionals which may not, under this section, be subject
to compensation by an escrow account.
6. Whenever an amount of money in excess of $5,000 shall be deposited
by an applicant with the Borough for technical review deposits pursuant
to this Article, said money shall be deposited in an interest bearing
account and, until repaid or applied to the purposes for which it
is deposited, including the applicant's portion of the interest earned
thereon, shall continue to be the property of the applicant and shall
be held in trust by the Borough in escrow. All interest earned and
paid to the applicant shall be in conformity with Chapter 315 of the
Laws of 1985.
7. Any of the funds remaining in the escrow account upon completion
of the application procedure, as well as any interest he may be entitled
to pursuant to Chapter 315 of the Laws of 1985, shall be returned
to the applicant, via a resolution adopted by the Governing Body releasing
remaining escrows, and the account shall be terminated.
8. All escrow charges which are due and owing shall become a lien upon
the property which is the subject of the application for development
and shall remain so until paid. Overdue escrow charges shall accrue
the same interest as established for real property taxes in the Borough.
The Borough shall have the same remedies for collection of escrow
charges with interest, cost and penalties as it has by law for the
collection of taxes upon real property.
[Ord. No. 08-29; Ord. No. 11-16; amended 3-12-2019 by Ord. No. 19-05]
The Borough shall complete and return to COAH or any agency
having jurisdiction over affordable housing matters or to the courts
of the State of New Jersey all monitoring forms included in the annual
monitoring report related to the collection of development fees from
residential and nonresidential developers, payments in lieu of constructing
affordable units on site, and funds from the sale of units with extinguished
controls, barrier-free escrow funds, rental income, repayments from
affordable housing program loans, and any other funds collected in
connection with the Borough's housing program, as well as to the expenditure
of revenues and implementation of the plan certified by COAH or any
agency having jurisdiction over affordable housing matters or by the
courts of the State of New Jersey. All monitoring reports shall be
completed on forms designed by COAH or the agency having jurisdiction.
The ability for the Borough to impose, collect, and expend development
fees shall expire with its substantive certification or Judgment of
Compliance and Repose on the date of expiration of substantive certification
or Judgment of Compliance and Repose unless the Borough has filed
an adopted Housing Element and Fair Share Plan with COAH or any agency
having jurisdiction over affordable housing matters or the courts
of the State of New Jersey, has petitioned for substantive certification
or a Judgment of Compliance and Repose, and has received the approval
of COAH or any agency having jurisdiction or the courts of the State
of New Jersey of its Development Fee Ordinance. If the Borough fails
to renew its ability to impose and collect development fees prior
to the date of expiration of substantive certification or Judgment
of Compliance and Repose, it may be subject to forfeiture of any or
all funds remaining within its municipal trust fund. Any funds so
forfeited shall be deposited into the New Jersey Affordable Housing
Trust Fund established pursuant to Section 20 of P.L. 1985, c. 222
(N.J.S.A. 52:27D-320). The Borough shall not impose a residential
development fee on a development that receives preliminary or final
site plan approval after the expiration of its substantive certification
or Judgment of Compliance and Repose, nor shall the Borough retroactively
impose a development fee on such a development. The Borough will not
expend development fees after the expiration of its substantive certification
or Judgment of Compliance and Repose.