[MC 2002-29 § 17:13-1, December 2, 2002; MC 2010-35, December 20, 2010; MC 2013-14, December 9, 2013; amended 10-12-2021 by Ord. No. MC 2021-30]
Type of Application
Application
Fees
Variances from N.J.S.A. 40:55D-70d (fee based on each variance request)
For a one- or two-family residential use
$200
For each unit for which a d variance is required in a multifamily or mixed-use structure use
$100
For all other uses
$1,000
For a charitable, benevolent and eleemosynary use
$250
Variances from N.J.S.A. 40:55D-70c (fee based on each variance request)
Off-street parking (table of parking regulations)
$300
All other bulk and supplementary regulation requirements:
One- or two-family residential use
$75
All other uses
$300
Site plan review
Preliminary
Minimum fee for all applications which require site plan review
$500
For mixed-use, industrial and commercial uses up to 5,000 square feet of gross building floor area
$1,000
For mixed use, industrial and commercial uses from 5,001 to 20,000 square feet
$1,500
For mixed-use structure, industrial and commercial uses greater than 20,000 square feet
$2,500
Mixed-use structure for each residential dwelling unit in addition to site plan review fee above
$75
Final
50% of preliminary site plan application fee
For each final site plan application and resubmission
Subdivision
Sketch plat for a major subdivision
$500
Preliminary
Minor - plus $50 per each lot added
$300
Major - plus $50 per each lot added (The sketch plat fees are considered part of this fee.)
$500
Final
Major - 50% of preliminary fee (minimum)
Design standard waiver
The fee for request for each site plan and subdivision design and performance standard waiver (This fee will be determined upon Planning Division recommendation of a complete application and must be submitted prior to a Board hearing.)
$50
Amendment of approval
The fee for a change to an approved application that is determined by the administrative official to be minor in nature and not require board review
$300
The fee for a change to an approved application that is determined by the administrative official to require board review
1/2 the preliminary application fee
Certificate of nonconformity (issued by the Zoning Officer)
Fee for a certificate of nonconformity
$100
Fees for all applications for development and appeals shall be paid to the board secretary upon filing of an application or appeal with either the Planning Board, Zoning Board of Adjustment or Historic Preservation Commission. (All references to boards in this article include the Commission unless otherwise specified.) All checks are to be made payable to the City of Plainfield. Failure to submit payment, or the submission of checks that are improperly drawn or with insufficient funds shall cause an application to be deemed incomplete and a hearing on the application to be delayed. These fees are in addition to the escrow fees required in this chapter.
[MC 2002-29 § 17:13-2, December 2, 2002; MC 2007-04 Exh. A, June 20, 2007; MC 2010-35, December 20, 2010; amended 10-12-2021 by Ord. No. MC 2021-30]
The fee for a certificate of appropriateness from the Historic Preservation Commission shall be $75. This fee shall be paid for all work on contributing and noncontributing structures that require a formal Historic Preservation Commission issuance of a certificate of appropriateness. An application fee of $50 shall be paid for all work on contributing and noncontributing structures that do not require a normal Historic Preservation Commission issuance of a certificate of appropriateness, but do require review and issuance of a no - certificate-of-appropriateness-required letter.
[MC 2002-29 § 17:13-3, December 2, 2002; MC 2010-35, December 20, 2010; amended 10-12-2021 by Ord. No. MC 2021-30]
The fee for a sign permit shall be $50 plus a fee of $1 for each square foot of sign area.
[MC 2002-29 § 17:13-4, December 2, 2002; MC 2010-35, December 20, 2010; amended 10-12-2021 by Ord. No. MC 2021-30]
Appeals to the Board of Adjustment for interpretation of the zoning ordinance/appeal of an administrative official decision shall be $250.
The fee for a Certificate of Nonconformance from the Zoning Board of Adjustment shall be $250.
[MC 2002-29 § 17:13-5, December 2, 2002; MC 2007-04 Exh. A, June 20, 2007; MC 2010-35, December 20, 2010; amended 10-12-2021 by Ord. No. MC 2021-30]
A. 
The fee for applications requiring a Planning Board or Zoning Board of Adjustment public hearing shall be $100. The fee to adjourn or reschedule a hearing already on the agenda due to the applicant's failure to appear, at the request of an applicant, or the applicant's failure to notify or publish properly, or other applicant-caused delays shall be $200 per incident plus the resubmittal of the original hearing fee.
B. 
The fee for a hearing scheduled at a special meeting held at the request of the applicant shall be a flat fee of $1,000.
C. 
The fee for an informal review of a concept plan shall be $200.
[MC 2002-29 § 17:13-6, December 2, 2002; MC 2010-35, December 20, 2010; amended 10-12-2021 by Ord. No. MC 2021-30; 6-12-2023 by Ord. No. MC 2023-15]
The fee for preparation of a list of property owners to be notified of a public hearing shall be a sum not to exceed $0.25 per name or $10, whichever is greater.
[MC 2002-29 § 17:13-7, December 2, 2002; MC 2010-35, December 20, 2010; amended 10-12-2021 by Ord. No. MC 2021-30]
The fee for preparation of a tax search or certificate to determine payment of property taxes shall be $10.
[MC 2002-29 § 17:13-8, December 2, 2002; MC 2010-35, December 20, 2010; amended 10-12-2021 by Ord. No. MC 2021-30]
The fee for publication of the legal notice indicating the decision of the approving authority shall be $25.
[MC 2002-29 § 17:13-9, December 2, 2002; MC 2010-35, December 20, 2010; amended 10-12-2021 by Ord. No. MC 2021-30]
The fee for copies of public documents shall be established as part of the rules and regulations adopted by the City Council.
[MC 2002-29 § 17:13-10, December 2, 2002; MC 2010-35, December 20, 2010; amended 10-12-2021 by Ord. No. MC 2021-30]
The applicant shall be responsible for obtaining and paying for the services of a court reporter if desired. All applications for a use variance before the Zoning Board of Adjustment are required to obtain and pay for the services of a court reporter for each hearing. The cost of taking testimony stenographically shall be borne and paid for by the applicant or appellant, and the Board or the stenographer may require a deposit of the estimated cost of the transcript in advance. The cost of transcribing the same (if required) shall be borne by the applicant or appellant upon the need for a Board member to read the testimony in order to vote on the matter or in the case of a legal proceeding. A copy of any transcript prepared shall be provided by the applicant or appellant to the board secretary, and such transcript and records shall be and remain the property of the Board.
[MC 2002-29 § 17:13-11, December 2, 2002; MC 2010-35, December 20, 2010; 10-12-2021 by Ord. No. MC 2021-30]
The fee for a development permit shall be $50.
[MC 2002-29 § 17:13-12, December 2, 2002; MC 2010-35, December 20, 2010; amended 10-12-2021 by Ord. No. MC 2021-30]
The fee for a public utility, cable television company or local utility registering with the City Clerk in order to receive notice pursuant to Article I of this chapter shall be $10.
[MC 2002-29 § 17:13-13, December 2, 2002; MC 2010-35, December 20, 2010; amended 10-12-2021 by Ord. No. MC 2021-30]
The fee for obtaining an annual permit for outdoor dining and sidewalk cafe areas shall be $50. This permit expires on February 1 of the following year regardless of what month the permit was issued and must be renewed for the outdoor dining to continue.
[MC 2002-29 § 17:13-14, December 2, 2002; MC 2010-35, December 20, 2010; amended 10-12-2021 by Ord. No. MC 2021-30]
The fee for conducting outdoor sales of trees, flowers or other decorative or ornamental plants pursuant to Article IX of this chapter shall be $25 for limited sales of less than two weeks, and $50 for sales for longer periods of time. A $100 bond is also to be posted with the City Clerk to guarantee cleanup and removal of all material within the required time frame.
[1]
Editor's Note: Former § 17:13-15, Developer's assistance package/zoning ordinance, adopted and/or amended by MC 2002-29 § 17:13-15, December 2, 2002; MC 2010-35, December 20, 2010, was repealed 10-12-2021 by Ord. No. MC 2021-30.
[1]
Editor's Note: Former § 17:13-16, Master Plan/Master Plan re-examination, adopted and/or amended by MC 2002-29 § 17:13-16, December 2, 2002; MC 2010-35, December 20, 2010, was repealed 10-12-2021 by Ord. No. MC 2021-30.
[MC 2002-29 § 17:13-17, December 2, 2002; MC 2010-35, December 20, 2010; MC 2017-38, December 11, 2017; amended 10-12-2021 by Ord. No. MC 2021-30; 8-14-2023 by Ord. No. MC 2023-24]
A. 
Fees to compensate the City for the expense of processing applications submitted to the Planning Board and/or Zoning Board for development within the Special Flood Hazard (SFHA) shall be paid with the application.
1. 
Floodplain development permit application review: $250 each.
2. 
Revised application review: $100 each.
3. 
Elevation certificate final review: $150 each.
4. 
Floodplain Appeal/Variance to Zoning Board of Adjustment: $1,000 each.
[MC 2002-29 § 17:13-18, December 2, 2002; MC 2010-35, December 20, 2010; amended 10-12-2021 by Ord. No. MC 2021-30]
The fee for a request for the extension of a Board approval is $200.
[Added 12-13-2021 by Ord. No. MC 2021-39]
Cannabis business application fees, Cannabis businesses shall be subject to an application fee, as enumerated in the following table:
Class
Application Fee
Microbusiness Application Fee
1 - Cultivation
$2,500
$1,000
2 - Manufacture
$2,500
$1,000
3 - Wholesale
$2,500
$1,000
4 - Distribution
$2,500
$1,000
5 - Retail
$2,500
$1,000
6 - Delivery
$1,500
$1,000
Editor's Note: See § 9-17.1 for cannabis business license fees.
[MC 2002-29 § 17:13-20, December 2, 2002; MC 2009-28, December 14, 2009; MC 2010-34 Exh. A, December 20, 2010; MC 2013-13, December 9, 2013; MC 2013-14, December 9, 2013; amended 12-14-2020 by Ord. No. MC 2020-23; 6-10-2024 by Ord. No. MC 2024-31]
A. 
In accordance with the authority granted it pursuant to N.J.S.A. 40:55D-8 and 53.2 et. seq., the Municipal Council hereby establishes the fees as set forth in this section as escrow deposit fees governing the review of applications before the Planning Board, and Zoning Board of Adjustment. These fees are intended to cover the costs of professional services including but not limited to planning, engineering, legal, landscaping, traffic, environmental and other reasonable and necessary expenses incurred by the approving authority for the review of submitted materials for specific applications.
B. 
An applicant shall deposit with the City an amount of money determined in accordance with this section and the applicable provisions of N.J.S.A. 40:55D-1 et seq. (1) to pay for the services of professionals employed by the City or the approving authority to review the application for development and to review and prepare documents in accordance with N.J.S.A. 40:55D-53.2; (2) for inspection fees in accordance with N.J.S.A. 40:55D-53; (3) to satisfy the guarantee requirements of N.J.S.A. 40:55D-53; and (4) for any other purposes permitted under the provisions of N.J.S.A. 40:55D-1 et seq. or other applicable law. The City shall deposit the money in an escrow account in accordance with N.J.S.A. 40:55D-53.1.
C. 
The Chief Financial Officer of the City shall hold all fees required for these purposes in escrow. Each applicant shall provide the Chief Financial Officer with a Federal Tax Identification Number or Federal Social Security Number. All fees are to be made out to the City of Plainfield. All deposits in excess of $5,000 shall be held in trust by the City in an interest bearing account in a banking or savings and loan institution in New Jersey. This institution shall be insured by an agency of the federal government. The Chief Financial Officer 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. If the amount of interest exceeds $100, the entire amount shall belong to the applicant and shall be refunded to him/her by the Chief Financial Officer annually or at the time the deposit is repaid or applied to the purposes for which it was deposited. The City 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.
D. 
Deposits required for inspection fees and to satisfy the guaranteed requirements in accordance with N.J.S.A. 40:55D-53 shall be established, maintained, and administered in accordance with the provisions of that statutory section, and applicable sections of Chapters 13 and 17 of the Municipal Code.
E. 
The chief financial officer of the City shall make all payments to professionals for fees or charges in connection with services rendered to the City or the approving authority for review of applications for development, review and preparation of documents, inspection of improvements, or other purposes permitted under law. Such fees or charges shall be based upon a schedule established by resolution of the approving authority. The application review and inspection charges shall be limited 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 City. The only costs that shall be added to any such charges shall be typical out of pocket expenses of any such professionals or consultants incurred in processing applications and conducting inspections. The City or approving authority shall not bill the applicant for any municipal clerical or administrative functions, overhead expenses, meeting rooms charges, or any other municipal costs and expenses except as provided for N.J.S.A. 40:55D-53, nor shall any municipal professional add such charges to any bill. If the salary, staff support and overhead for a professional are provided by the City, the charge shall not exceed 200% of the sum of the products resulting from multiplying (1) the hourly base salary of each of the professionals, which shall be established annually by ordinance by (2) the number of hours spent by the respective professional on the review of the application for development or inspection. For other professionals such fees and charges shall be at the same rate as all other work of the same nature performed by the professional for the municipality when fees are not reimbursed or otherwise imposed on applicants or developers.
F. 
Schedule of required fees for escrow deposits. For deposits required pursuant to N.J.S.A. 40:55D-53.2, the amount of the deposit shall be reasonable in regard to the scale and complexity of the development. The amount of the initial deposit shall be established by ordinance and this amount shall be a cumulative total of the following specific approval requests.
G. 
Escrow procedures:
1. 
An applicant is to submit the above required escrow amount and in accordance with the applicable provisions of NJSA 40:55D-1, et seq. to the Board secretary at the time of submission, and as part of, the concept plan or preliminary application. The review of the adequacy of this fee shall be a component of the completeness review conducted by the administrative officer. Prior to making a determination of completeness upon any application, the administrative officer shall review said application to determine whether the escrow amount submitted is sufficient. If the administrative officer determines that the submitted amount is insufficient to cover professional costs anticipated by the application, appropriate additional funds shall be deposited by the applicant prior to the administrative officer declaring the application complete. The application shall not be declared complete, placed on an agenda for public hearing, or issued final (resolution compliance) review until such time as all escrow fees deemed sufficient are submitted.
2. 
By signing the application, each applicant for subdivision, site plan, variance, or for an appeal, interpretation, or other action authorized by this ordinance, shall agree, by signing the application at the time of the first submission of an application for development, to pay all reasonable costs for professional review of the application. This includes all costs incurred with any informal review of a concept plan that may have preceded the submission of a preliminary application. Additionally, each applicant shall agree, in writing, to pay all reasonable costs for the municipal inspection of the constructed improvement. All such costs for review and inspection must be paid before any construction permit is issued. Each applicant for nonresidential development, mixed use and major residential units shall replenish any escrow account that fails to maintain a $2,500 balance by submitting, at a minimum, adequate funds to restore the account to a $2,500 balance. Applicants for single- and two-family developments shall maintain a minimum balance of $2,000.
3. 
Each payment charged to a deposit made for the review of applications, the review and preparation of documents, and inspections of improvements shall be pursuant to a voucher from the professional. That voucher shall identify the personnel performing the services and, for each date, the services performed, the hours spent to one-quarter-hour increments, the hourly rate, and the expenses incurred.
4. 
All professionals shall submit vouchers to the chief financial officer of the City on a monthly basis in accordance with schedules and procedures established by the chief financial officer.
5. 
If the services are provided by a municipal employee, the municipal employee shall prepare and submit to the chief financial officer of the City a statement, on an as-needed basis based upon application work to be invoiced, containing the same information as required on a voucher.
6. 
The professional shall send an informational copy of all vouchers or statements submitted to the chief financial officer of the City simultaneously to the applicant. The chief financial officer or designee of the City shall prepare and send the applicant a statement including an accounting of funds listing all deposits, interest earnings, disbursements, and the cumulative balance of the escrow accounts. This information shall be provided to the applicant on a quarterly basis if monthly charges are $1,000 or less, or on a monthly basis if monthly charges exceed $1,000.
7. 
If an escrow account or deposit contains insufficient funds to enable the City or approving authority to perform required application reviews or improvement inspections, the Chief Financial Officer of the City or Board Administrative Officer or Secretary shall provide the applicant with a notice of the insufficient escrow or deposit balance. An applicant shall not be entitled to proceed with the application or any development until such time as the necessary funds are posted to ensure payment of professional fees.
8. 
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 City or approving authority and the applicant. In the interim, any required health and safety inspections shall be made and charged back against the replenished deposit.
9. 
Further additional escrow deposit fees may be required upon determination by the administrative officer that additional deposits as authorized under this section are reasonably required. All approvals shall be conditioned upon receipt of such additional fees. No building permit or certificate of occupancy shall be issued until the Chief Financial Officer has received all required escrow accounts funds.
H. 
The following close-out procedures 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 escrow's and deposits, or after the improvements have been approved, in the case of improvement inspection escrow and deposits:
1. 
The applicant shall send written notice by certified mail to the chief financial officer of the City, to the approving authority, and to the relevant municipal professional that the application or the improvements, as the case may be, are completed.
2. 
After receipt of such notice, each affected professional shall render a final bill to the chief financial officer of the City within 30 days, and shall send a copy simultaneously to the applicant.
3. 
The chief financial officer of the City shall render a written final accounting to the applicant on the uses to which the deposit was put within 45 days of receipt of all final bills.
4. 
Any balances remaining in the deposit or escrow account, including interest, shall be refunded to the developer along with the final accounting, except for any amounts retained for administrative expenses pursuant to N.J.S.A. 40:55D-53.1.
I. 
Appeal procedures:
1. 
An applicant shall notify the Plainfield City Council in writing, with copies to the chief financial officer, the approving authority, and the professional, whenever the applicant disputes the charges made by a professional for services rendered to the City in reviewing an application for development, reviewing or preparing documents, inspecting improvements, or for other charges made pursuant to law.
2. 
The Plainfield City Council, or its designee, shall within a reasonable time period attempt to remediate any disputed charges.
3. 
If the matter is not resolved to the satisfaction of the applicant, the applicant may appeal to the County Construction Board of Appeals in accordance with N.J.S.A. 52:27D-127 any charge to an escrow account or to a deposit by any municipal professional or consultant, or the cost of the installation of improvements estimated by the City Engineer pursuant to N.J.S.A. 40:55D-53.4.
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 City, to the approving authority, and to any professional whose charge is the subject of the appeal.
5. 
An applicant shall file its appeal within 45 days from receipt of the informational copy of the professional's voucher, 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 municipal statement of activity against the deposit or escrow account.
6. 
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.
7. 
During the pendency of any appeal, the municipality 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 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 may pay 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 shall reimburse the deposit or escrow account in the amount of 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 municipality, the professional or consultant shall reimburse the municipality in the amount of any such disallowed charge.
J. 
General provisions:
1. 
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.
2. 
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.
3. 
A professional shall not review items which are subject to approval by any state governmental 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.
4. 
Inspection fees shall be charged only for actual work shown on a subdivision or site plan, or required by an approving resolution. The City/Board engineer shall not perform any inspection if sufficient funds to pay for the inspections are not on deposit. Failure to post or maintain balances in accordance with the requirements of this section shall subject the developer to a stop-work order and/or suspension of construction permits or inspections.
5. 
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.
6. 
If the City retains a different professional or consultant in the place of the professional originally responsible for development, application review, or inspection of improvements, the City or approving authority shall be responsible for all time and expenses of the new professional to become familiar with the application or the project. The City or approving authority shall not bill the applicant or charge the deposit or the escrow account for any such services.
K. 
Any applications that are not described above are required to submit a minimum in escrow of $2,500 for Zoning Board of Adjustment and $5,000 Planning Board at the time of the initial application submission.
Required Fees for Escrow Deposits
Application Type
Escrow Deposit
Concept Plan Applications
Minor subdivision or site plans
$500
Major subdivision and all other site plans
$1,000
Variances
Bulk variances under N.J.S.A. 40:55D-70 not requiring site plan or subdivision approval (1- and 2-family)
$1,000
Variances under N.J.S.A. 40:55D-70d (each "d" variance)
$1,000
Certificate of Nonconformity
$500
Clothing/Donation Receptacles
Initial Fee
$100
Annual Renewal Fee
$25
Site Plan Applications
Residential Applications (those involving dwelling units)
3—9 units
$2,000
10—25 units
$4,000
26—50 units
$6,000
51—100 units
$7,500
101—250 units
$9,000
251—500 units
$10,000
Over 500 units
$12,000
Nonresidential Applications
1,000—5,000 gross square feet of new floor area
$2,000
5,001—10,000 gross square feet of new floor area
$4,000
10,001—20,000 gross square feet of new floor area
$6,000
20,001—50,000 gross square feet of new floor area
$7,500
50,001—100,000 gross square feet of new floor area
$9,000
Over 100,000 gross square feet of new floor area
$12,000
For non-residential applications that do not involve new buildings
1—25 parking spaces (existing or required)
$1,000
26—100 parking spaces (existing or required)
$2,000
More than 100 parking spaces (existing or required)
$5,000
Final site plan applications
50% of preliminary site plan escrow fee or a minimum of $2,000, whichever is greater
Subdivision Applications
Minor
$1,000
Preliminary approval — 3-10 lots
$2,000
Preliminary approval — 11-25 lots
$5,000
More than 25 lots
$7,500
Final approval — 3-10 lots
50% of preliminary approval
Final approval — 11-25 lots
50% of preliminary approval escrow fee
Final approval — over 25 lots
50% of preliminary approval escrow fee
Amendment to an approved application
50% of preliminary approval escrow fee
Resubmittals
Applicants shall pay additional escrow deposit fees of 10% or a minimum of $1,000 of the original submission escrow fee for each resubmission of revised plans that have either been determined to be incomplete, or have not satisfied Board conditions of preliminary or final approval.
Request for Rezoning
Any applicant seeking a property rezoning shall submit a $1,000 escrow fee.
Appeals of Interpretations and Zoning Officer Decisions
Applicants shall pay $500 for appeals or interpretation pursuant to N.J.S.A. 40:55D-70 (a) or (b).
Development Permit
When an application requires professional services in addition to the Zoning Officer, an applicant must submit a minimum $500 escrow fee to cover such services.
Tax Map Update
When a property owner requests a tax map update that requires professional services, an applicant must submit a minimum $500 escrow fee to cover such services.
[Added 8-11-2025 by Ord. No. MC 2025-27]
A. 
Affordable housing development fees shall be paid by all developers other than developers of exempt developments and affordable inclusionary housing developments and shall consist of monies paid by an individual, person, partnership, association, company or corporation for the improvement of property. Affordable housing development fees collected shall be used for the sole purpose of providing low- and moderate-income housing.
B. 
Fee calculations. Fees shall be based on the equalized assessed value, which shall be the value of a property determined by the City Tax Assessor through a process designed to ensure that all property in the municipality is assessed at the same assessment ratio or ratios required by law. Estimates at the time of building permit may be obtained by the City Tax Assessor utilizing estimates for construction cost. Final equalized assessed value will be determined at project completion by the City Tax Assessor.
[Added 8-11-2025 by Ord. No. MC 2025-27]
A. 
For all residential development within the City of Plainfield, developers shall pay a development fee of 1.5% of the equalized assessed value of the residential development, provided no increase in density is permitted. When an increase in density is permitted pursuant to N.J.S.A. 40:55D-70d(5), known as a "d" variance, developers shall be required to pay a development fee of 6% of the equalized assessed value for each additional unit that may be realized. However, if the zoning on a site has changed during the two-year period preceding the filing of such a variance application, the base density for the purposes of calculating the bonus development fee shall be the highest density permitted by right during the two-year period preceding the filing of the variance application.
B. 
Example: If an approval allows four units to be constructed on a site that was zoned for two units, the fees could equal 1.5% of the equalized assessed value on the first two units; and 6% of the equalized assessed value for the two additional units, provided that zoning on the site has not changed during the two-year period preceding the filing of such a variance application.
C. 
Residential development fee exemptions.
1. 
The following development shall be exempt from residential development fees:
a. 
Affordable housing developments.
b. 
Developments where the developer is providing for the construction of affordable units elsewhere in the City.
c. 
Developments where the developer has made a payment in lieu of on-site construction of affordable units.
d. 
All residential dwellings destroyed due to fire, flood, or other natural disaster and rebuilt by their owners shall be exempt from paying a development.
[Added 8-11-2025 by Ord. No. MC 2025-27]
A. 
For all nonresidential development within the City of Plainfield, developers shall pay a fee equal to 2.5% of the equalized assessed value of the nonresidential land and improvements, for all new nonresidential construction on an unimproved lot or lots and for development resulting from any additions to existing structures or other improvements to be used for nonresidential purposes.
B. 
Nonresidential development fees shall be imposed and collected when an existing structure is demolished and replaced. The development fee of 2.5% shall be calculated on the difference between the equalized assessed value of the preexisting land and improvement and the equalized assessed value of the newly improved development including land and improvements, at the time the final certificate of occupancy is issued. If the calculation required under this section results in a negative number, the nonresidential development fee shall be zero.
C. 
All developers of nonresidential development must complete Form N-RDF prior to applying for a construction permit or requesting a certificate of occupancy. A certificate of occupancy will not be issued without proof of payment of a nonresidential development fee or proof of exemption.
D. 
Eligible exactions, ineligible exactions and exemptions for nonresidential development.
1. 
The nonresidential portion of a mixed-use inclusionary or market rate development shall be subject to the development fee of 2.5%, unless otherwise exempted below.
2. 
The fee of 2.5% shall not apply to an increase in equalized assessed value resulting from alterations, change in use within an existing footprint, reconstruction, renovations and repairs.
E. 
Nonresidential development shall be substantiated in accordance with the exemptions required pursuant to P.L. 2008, c. 46, as specified in the Form N-RDF "State of New Jersey Non-Residential Development Certification/Exemption Form." Nonresidential development exempt from the development fee shall include nonresidential development that is an amenity made available to the public, including, but not limited to, recreational facilities, community centers, and senior centers, which are developed in conjunction with or funded by a nonresidential developer; and
F. 
A developer of a nonresidential development exempted from the nonresidential development fee pursuant to P.L. 2008, c. 46 approved July 17, 2008, (N.J.S.A. 52:27D-329.2) shall be subject to the fee at such time as the basis for the exemption no longer applies, and shall make the payment of the nonresidential development fee, in that event, within three years after that event or after the issuance of the final certificate for occupancy of the nonresidential development, whichever is later.
G. 
If a property which was exempted from the collection of a nonresidential development fee thereafter ceases to be exempt from property taxation, the owner of the property shall remit the fees required pursuant to this section within 45 days of the termination of the property tax exemption. Unpaid nonresidential development fees under these circumstances may be enforceable by the City of Plainfield as a lien against the real property of the owner.
[Added 8-11-2025 by Ord. No. MC 2025-27]
A. 
Upon the granting of a preliminary, final or other applicable approval for a development, the applicable approving authority shall direct its staff to notify the construction official responsible for the issuance of a construction permit.
B. 
For nonresidential developments only, the developer shall also be provided with a copy of Form N-RDF "State of New Jersey Non-Residential Development Certification/Exemption Form" to be completed as per the instructions provided. The developer of a nonresidential development shall complete Form N-RDF as per the instructions provided. The construction official shall verify the information submitted by the nonresidential developer as per the instructions provided in the Form N-RDF. The City Tax Assessor shall verify exemptions and prepare estimated and final assessments as per the instructions provided in Form N-RDF.
C. 
The construction official responsible for the issuance of a building permit shall notify the City Tax Assessor of the issuance of the first building permit for a development which is subject to a development fee.
D. 
Within 90 days of receipt of that notice, the City Tax Assessor, based on the plans filed, shall provide an estimate of the equalized assessed value of the development.
E. 
The construction official responsible for the issuance of a final certificate of occupancy shall notify the City Tax Assessor of any and all requests for the scheduling of a final inspection on property which is subject to a development fee.
F. 
Within 10 business days of a request for the scheduling of a final inspection, the City Tax Assessor shall confirm or modify the previously estimated equalized assessed value of the improvements in the development; calculate the development fee; and thereafter notify the developer of the amount of the fee.
G. 
Should the City of Plainfield fail to determine or notify the developer of the amount of the development fee within 10 business days of the request for final inspection, the developer may estimate the amount due and pay that estimated amount consistent with the dispute process set forth in N.J.S.A. 40:55D-8.6.
H. 
Fifty percent of the total estimated development fee shall be collected at the time of issuance of the building permit. The remaining portion shall be collected at the issuance of the certificate of occupancy. The developer shall be responsible for paying the difference between the fee calculated at the issuance of the building permit and that determined at the issuance of the certificate of occupancy.
[Added 8-11-2025 by Ord. No. MC 2025-27]
A. 
A developer may challenge residential development fees imposed by filing a challenge with the County Board of Taxation. Pending a review and determination by the Board, collected fees shall be placed in an interest bearing escrow account by the City of Plainfield. Appeals from a determination of the Board may be made to the Tax Court in accordance with the provisions of the State Tax Uniform Procedure Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party.
B. 
A developer may challenge nonresidential development fees imposed by filing a challenge with the Director of the Division of Taxation. Pending a review and determination by the Director, which shall be made within 45 days of receipt of the challenge, collected fees shall be placed in an interest bearing escrow account by the City of Plainfield. Appeals from a determination of the Director may be made to the tax court in accordance with the provisions of the State Tax Uniform Procedure Law, N.J.S.A. 54:48-1, et seq., within 90 days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party.