[Amended 11-15-82 by Ord. No. 1085; 12-19-83 by Ord. No. 1107; 11-9-88 by Ord. No. 0-19-88;
7-1-98 by Ord. No. 12-1998; Ord. No. 14-2014; New]
A.
Application. The applicant shall, at the time of filing a submission,
pay the following nonrefundable fee to the City of South Amboy by
certified check or bank money order. Proposals involving more than
one use and/or application classification shall pay a fee equal to
the sum of the fee for each element.
B.
Resubmission. The fee for submission of a revised plan shall be 1/3
of the original submission fee.
C.
Extension. The fee for the extension of a previous adopted approval
of a site plan or preliminary subdivision shall be 1/3 of the original
submission fee.
D.
Fee schedule. Fees shall be as follows:
(1)
Subdivisions.
|
Type of Subdivision
|
Fee
|
|---|---|
|
Minor subdivision
|
$300.00 plus $15.00 per lot including lands remaining
|
|
Major subdivision:
| |
|
Preliminary plat
|
$500.00 plus $25.00 per lot including lands remaining
|
|
Final plat
|
$300.00 plus $25.00 per lot including lands remaining
|
(2)
Site Plans.
|
Type of Site Plan
|
Fee
|
|---|---|
|
Minor site plans (residential)
|
$500.00 plus $50.00 per dwelling
|
|
Minor site plan (non-residential)
|
$500.00 plus $25.00 per 1,000 square feet of building space
|
|
Preliminary major site plan (residential)
|
$500.00 plus $50.00 per dwelling unit
|
|
Final major site plan (residential)
|
$500.00 plus $50.00 per dwelling unit
|
|
Preliminary major site plan (non-residential)
|
$500.00 plus $25.00 per 1,000 square feet of building space
|
|
Final major site plan (non-residential)
|
Half of the fee charged for preliminary approval
|
(a)
Waiver of final approval. Final approval shall be waived only
if the application is for a minor site plan and the board waives the
requirement of final approval.
(b)
Combined applications. If the application for final and preliminary
approval are combined, the fee to be paid shall be equal to the sum
of the fees for preliminary and final approval.
(3)
Variances and Appeals.
|
Type of Application
|
Fee
|
|---|---|
|
Variance applications under N.J.S.A. 40:55D-70c
|
$100.00 for each bulk variance requested
|
|
Appeals under N.J.S.A. 40:55D-70a
|
$200.00
|
|
Variance applications under N.J.S.A. 40:55D-70d
|
$500.00
|
|
Ordinance interpretation under N.J.S.A. 40:55D-70b
|
$250.00
|
(4)
Inspection Fees.
|
Inspection involved
|
Fee
|
|---|---|
|
Inspection fees for all inspections through the release of the
performance guaranty
|
6% of the performance guaranty; 6% of performance guaranty of
site plan improvement
|
|
Inspection for the release of the maintenance guaranty
|
$150.00
|
(5)
(Reserved)
(6)
Zoning Permits.
|
Type of Permit
|
Fee
|
|---|---|
|
Residential
|
$35.00 per unit
|
|
Nonresidential (commercial)
|
$100.00
|
(7)
Certificates of Occupancy.
|
Type of Certificate
|
Fee
|
|---|---|
|
Residential
|
$100.00 per unit
|
(8)
(Reserved)
(9)
Special Meeting.
|
Type of Meeting
|
Fee
|
|---|---|
|
Special meeting at request of applicant and with approval of
municipal agency:
| |
|
Planning Board
|
$500.00
|
(10)
Building Permit Fees.
All building permit fees shall be established pursuant to N.J.A.C.
5:23-2.25.
[Added 10-11-88 by Ord. No. 0-17-88]
A.
The Planning Board shall require fees for technical and/or professional
services and testimony employed by the Board in reviewing an application.
Fees required for this purpose shall be held in an escrow account
by the city.
B.
Fees for technical and/or professional services shall be in addition
to any and all other required fees.
[Added 10-11-88 by Ord. No. 0-17-88]
A.
All applicants to the Planning Board shall submit fees or escrow deposits in accordance with this Article IX.
[Amended 9-6-2000 by Ord.
No. 24-2000]
B.
When the Board determines that the application will serve a public
purpose and promote the public health, safety and welfare, the following
applicants shall submit 50% of the required escrow deposit:
[Added 10-11-88 by Ord. No. 0-17-88]
A.
The applicant shall submit the required escrow deposit to the Planning
Board Secretary prior to the application being reviewed for completeness.
No application shall be determined complete, reviewed by professional
staff or placed on the agenda for public hearing until the required
escrow deposit is paid.
B.
Required escrow deposits shall be in the form of cash, money order
or certified check payable to the City of South Amboy.
[Added 10-11-88 by Ord. No. 0-17-88]
A.
Whenever an applicant requests an informal review of an application
for development, involving technical or professional advisors, an
escrow deposit shall be required in accordance with the schedule for
formal applications. The deposit must be received prior to professional
review. There shall be a fee of $500 assessed for each informal review
meeting required for any reason.
[New]
B.
Any escrow deposit received for informal review shall be credited
to the required escrow deposit for formal applications. The cost for
professional services involved in the informal review shall be considered
part of the formal application review and charged to the escrow account.
[Added 10-11-88 by Ord. No. 0-17-88; amended 3-3-1999 by Ord. No. 2-1999; 9-6-2000 by Ord. No. 24-2000]
A.
The following sums are required to be deposited in an escrow account
for applications to the Planning Board.
|
Type of Application
|
Escrow Deposits
|
|---|---|
|
(1) Variance under N.J.S.A. 40:55D-70d, not requiring site plan
or subdivision approval (use, etc.)
|
$1,000.00
|
|
(2) Variance application under N.J.S.A. 40:55D-70c
|
$700.00
|
|
(3) Appeals under N.J.S.A. 40:55D-70a
|
$500.00
|
|
(4) Ordinance interpretation under N.J.S.A. 40:55D-70b
|
$500.00
|
|
(5) Variances under N.J.S.A. 40:55D-70c and concerning only
one of the following shall incur the following escrow fees:
| |
|
(a) Swimming pools
|
$300.00
|
|
(b) Fences
|
$300.00
|
|
(c) Decks
|
$300.00
|
|
(6) Conditional use approval (fees shall be in addition to site
plan approval)
|
$1,000.00
|
|
(7) Site plan applications (fees shall be in addition to any
required variances):
| |
|
(a) Residential site plans (involving dwelling units)
| |
|
[1] Preliminary approval
| |
|
0 to 10 units
|
$2,500.00
|
|
11 to 50 units
|
$5,000.00
|
|
51 to 100 units
|
$10,000.00
|
|
Over 100 units
|
$15,000.00
|
|
[2] Final approval
|
33% of preliminary approval
|
|
(b) Nonresidential site plans (not involving dwelling
units):
| |
|
[1] Preliminary approval
| |
|
With principal buildings over 1,000 square feet
of gross floor area:
| |
|
1,001 to 5,000 square feet of gross floor area
|
$4,000.00
|
|
5,001 to 25,000 square feet of gross floor area
|
$10,000.00
|
|
25,001 to 100,000 square feet of gross floor area
|
$15,000.00
|
|
Over 100,000 square feet of gross floor area
|
$20,000.00
|
|
Without principal buildings over 1,000 square feet
of gross floor area:
| |
|
Lot area up to acres
|
$2,500.00
|
|
1 acre to 10 acres
|
$5,000.00
|
|
Over 10 acres
|
$7,500.00
|
|
[2] Final approval
|
33% of preliminary approval
|
|
(8) Subdivision application (fees shall be in addition to any
required variances):
| |
|
(a) Minor subdivision
|
$500.00
|
|
(b) Major subdivision
|
$500.00
|
|
(c) Sketch plat
|
$500.00
|
|
(d) Preliminary approval, 3 lots or less
|
$1,000.00
|
|
(e) Preliminary approval, over 3 lots
|
$5,000.00
|
|
(f) Final approval under 3 lots
|
$1,000.00
|
|
(g) Final approval, over 3 lots
|
$1,500.00
|
|
(9) Planned unit development: Fees shall be as for a simultaneous
major site plan and major subdivision application, with fees for residential
and nonresidential development computed separately, and thereafter
cumulatively assessed upon the applicant.
| |
|
(10) Resubmissions: Applicants shall pay escrow fees based upon
33% of the original submission of plans for each resubmission of revised
plans. If plans are resubmitted in accordance with conditions of approval
by the appropriate Board, the fee for resubmission shall be 1/3 of
the original escrow fee.
| |
|
(11) Special design elements: Applicants shall pay escrow fees
based upon 33% of the original escrow fee, when and as determined
by the reviewing Board, that the proposed project includes a special
design consideration such as, but not limited to: sanitary sewer pump
station, detention or retention ponds, potable water storage facility,
traffic signalization device, off-tract improvements and the like.
| |
[Added 10-11-88 by Ord. No. 0-17-88]
A.
Prior to making a determination of completeness upon any application,
the Board shall review said application to determine whether the escrow
amount set forth above is sufficient. If the amount set forth is determined
insufficient by the Planning Board to cover professional costs anticipated
for the application, additional funds in the amount of 1/3 of the
initially required escrow fee shall be deposited by the applicant
prior to declaring the application complete. The application shall
not be declared complete or placed on the agenda for public hearing
until such additional escrow deposit is received.
B.
Further additional escrow deposit fees may be required at any time
upon determination by the Planning Board. All approvals shall be conditional
upon receipt of such additional fees deposited by the applicant in
increments of 1/3 of the initially required escrow fee, when and as
determined necessary by the Planning Board, and no building permits
or certificates of occupancy shall be issued until all required escrow
funds have been received.
[Added 10-11-88 by Ord. No. 0-17-88]
In the event the applicant believes the fees to be unreasonable,
the Planning Board shall hear and decide whether such fees are reasonable.
The applicant may, within 15 days after the Board's decision, appeal
the decision of the Planning Board to the governing body by serving
a written notice of appeal upon the City Clerk, in person or by certified
mail. The notice shall specify the grounds for the appeal and the
name and address of the appellant and the name and address of his
or her attorney, if represented. The applicant shall provide the governing
body such transcripts of the Planning Board hearing on fees, at the
applicant's cost. Such appeal shall be decided on the record only.
The governing body shall set a meeting date, with notice to the applicant.
The applicant may submit oral and written arguments on the record
provided the applicant provides a court certified stenographer to
record said meeting and provides a transcript of said meeting to the
governing body. The governing body may affirm, modify or reverse the
Board's decision.
[Added 10-11-88 by Ord. No. 0-17-88]
Whenever an amount of money in excess of $5,000 shall be deposited
by an applicant with the municipality for professional services employed
by the municipality to review applications, 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 for therein, shall continue to be the property of the applicant
and shall be held in trust by the municipality. Money deposited shall
be held in escrow. The municipality 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 municipality 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 municipality
shall not 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 at the time the deposit is repaid or applied
to the purpose for which it was deposited, as the case may be; except
that the municipality will retain for administrative expenses a sum
equivalent to no more than thirty-three and one-third percent (33 1/3%)
of that entire amount, which shall be in lieu of all other administrative
and custodial expenses.
[Added 10-11-88 by Ord. No. 0-17-88]
In the event any applicant desires an accounting of the expenses
or fees paid by him for professional review, he shall request such
in a letter directed to the Secretary of the Planning Board. The applicant
shall be responsible for any costs incurred by the Planning Board
in having its professional and administrative staff prepare an accounting
of the fees expended. Such additional amount as may be required for
said accounting shall be paid to the Planning Board prior to issuance
of a certificate of occupancy in the event that there are insufficient
escrow funds to pay for said account.
[Added 10-11-88 by Ord. No. 0-17-88]
All escrow funds described herein shall be utilized by the appropriate
Board to pay the cost of any technical and/or professional services
incurred by the Board for review and/or testimony in connection with
the particular application. All funds not expended shall be refunded
to the applicant within 120 days after the final determination by
the appropriate Board with respect to such application. No amount
shall be refunded prior to certification by the Board consultant that
said application has been finally determined.
[Added 10-11-88 by Ord. No. 0-17-88]
All ordinances inconsistent with or in conflict therewith are
hereby repealed.
[Added 10-11-88 by Ord. No. 0-17-88]
If any section, provision, part, sentence or clause in this
Article shall be adjudged invalid or unconstitutional, such invalidity
or unconstitutionality shall not affect the validity of this Article
as a whole or of any other section, provision, part, sentence or clause.
[Added 10-11-88 by Ord. No. 0-17-88]
This Article shall take effect immediately upon passage and
publication according to law.
