[Amended 6-27-2000 by Ord. No. 00-16; 6-28-2005 by Ord. No. 05-24; 4-10-2012 by Ord. No. 12-09; 12-17-2013 by Ord. No. 13-47; 5-25-2021 by Ord. No. 21-10]
At the time of filing an application, the applicant shall pay the following nonrefundable fee(s). Requests for combination of approvals, such as site plan and floodplain relief, for example, shall pay a fee equal to the sum of the fees for each element. Any change to plot or plan during review resulting in increased dwelling units or greater nonresidential use shall require added fees, as computed from the following schedule, at the time of submitting the change. Costs of attendance of a certified shorthand reporter and of transcription shall be borne by the party requesting the same, and on transcription, a copy shall be filed with the Township.
A. Application and escrow fees.
(1) Subdivisions.
Type | Fee | Escrow |
|---|
Minor (base fee) | $300 | $2,000 per lot |
Sketch plan | $300 | Up to 5 lots: $500 per lot; $300 per lot for remaining |
Preliminary | $500 | +Up to 20 lots: $5,400 per lot; 20 or more lots: $300 per lot |
Final | $400 | +A minimum of $1,000 shall be deposited. Calculation of escrow fee shall be as follows: $50 per acre or part thereof. In addition, for residential: $5 per dwelling; for commercial: $0.10 per square foot or part thereof of total proposed building area up to and including 20,000 square feet, and $0.06 per square foot for every additional square foot or part thereof over 20,000 square feet |
Concept plan | No fee | Individual residential site review shall be at no cost for Township resident owner-occupied projects. For all other commercial and non-owner-occupied residential site review, a minimum of $2,500 shall be deposited. Escrow shall be applied to formal application if one is made. |
(2) Site plans, residential minor and major.
| Type | Fee | Escrow |
|---|
| Site plan not involving any increase in building area | $500 | $2,500 minimum + $25 per square feet of area of disturbance |
| Minor or major | $300 | Calculation of the escrow fee shall be as follows: $100 per 1,000 square feet or part thereof of building construction. The escrow shall be updated to reflect credit involving site review escrow deposits. |
| Preliminary plan | $500 | $1,000 (minimum). Calculation of escrow fee shall be as follows: $75 per acre or part thereof. In addition, for residential: $200 per dwelling; for commercial: $0.35 per square foot or part thereof of total proposed building area up to and including 20,000 square feet and $0.15 per square foot for every additional square foot or part thereof over 20,000 square feet |
| Final plan | $500 | +A minimum of $750 shall be deposited. Calculation of escrow fee shall be as follows: $50 per acre or part thereof. In addition, for residential: $50 per dwelling; for commercial: $0.10 per square foot or part thereof of total proposed building area up to and including 20,000 square feet and $0.06 per square foot for every additional square foot or part thereof over 20,000 square feet |
| Concept plan | $250 | Individual residential site review shall be at no cost for Township residents pertaining to owner-occupied projects. For all other commercial and non-owner-occupied residential site review, a minimum of $2,500 shall be depositied. Formal submission to the Board shall be calculated as follows: $50 per acre or part thereof. In addition, for residential: $5 per dwelling; for commercial: $0.10 per square foot or part thereof of total proposed building area up to and including 20,000 square feet and $0.06 per square foot for every additional square foot or part thereof over 20,000 square feet. Escrow shall be applied to formal application if one is made. |
| General development plan | $1,000 | $20,000 |
(3) Variances.
(a) Hardship (N.J.S.A. 40:55D-70c).
| | Fee | Escrow |
|---|
| Residential owner-occupied (N.J.S.A. 40:55D-70c) | $50 | $500 minimum plus $250 for each variance |
| Residential (non-owner-occupied) (N.J.S.A. 40:55d-70c) | $250 | $4,000 minimum |
| Nonresidential (N.J.S.A. 40:55D-70c) | $250 | $4,000 minimum |
| Use (N.J.S.A. 40:55D-70c) | $50 | $4,000 minimum |
(4) Other submissions for actions by the Board.
| | Fee | Escrow |
|---|
| Appeals | $100 | $500 |
| Interpretation | $100 | $2,500 minimum |
| Zoning permit construction permit review (N.J.S.A. 40:55D-34 and 40:55D-35) | Residential $25 Commercial (including commercial housing rental) $50 | $400 minimum $1,500 housing (6 or more bedrooms) $500 minimum (increase driveway 5,000 square feet or more) +$200 per space for expansions above 4 vehicles +$1,000 for stormwater review |
| Conditional use | $250 | Residential single-family $500 |
| Conditional use with drive-through | $500 | $5,000 |
| Request for Zoning/Map amendments | $2,500 | $10,000 |
B. Zoning permit.
(3) Driveway expansions:
(c) Expansions over 500 square feet may require an escrow of $1,500 for engineering/stormwater review.
C. Appeal to Township Council: no charge.
D. List of persons entitled to notice: $20 or $0.25 per name, whichever is greater.
E. Copy of the Land Development Ordinance of Township: $100.
F. Master Plan Report: $250.
G. Zoning opinion letter: $25.
H. Discount on Planning Board fees. The balance, after remittance of all state-mandated fees and allowances, shall be reduced by 50% for all residents aged 62 years or older living in a house located within the Township of Ewing that they own.
I. Escrow deficiency. Should the escrow balances set forth in thesubsection above fall below 10% of the initial escrow amount, the applicant may be required to replenish the escrow account.
J. Determination of insufficient escrow deposit during completeness review.
(1) Within 45 days after the filing of an application for development and before a determination of completeness is made, the Township shall determine whether the escrow amounts set forth above are sufficient for the Township to perform required application reviews, including review and preparation of documents and review to assure that the conditions of approval have been satisfied. In conducting such review, the following criteria shall be considered:
(a) The presence or absence of public water or sewer servicing the site.
(b) Environmental considerations, including but not limited to geological, hydrological and ecological factors.
(c) Traffic impact of the proposed development.
(d) Impact of the proposed development on the existing aquifer or water quality.
(e) Impact on improvements which might require off-tract or off-site contributions agreements.
(2) If additional sums are deemed necessary, the Finance Office shall notify the applicant of the required additional amount the Township has determined to be necessary. Each applicant shall, prior to the application being deemed complete, submit to the Township CFO in cash or by certified check or money order the amount of escrow deposit due and the amount of additional escrow deposit agreed by the applicant and the Township to be due in accordance with this subsection and shall complete all forms as required by the Zoning Officer. The application shall be deemed incomplete if the applicant and Township do not agree on the additional escrow amount due pursuant to this subsection.
K. Determination of insufficient escrow deposit after the application has been deemed complete.
(1) If an escrow account contains insufficient funds to enable the Township or board of jurisdiction to complete required application reviews, including follow-up as to documents and conditions, the Township CFO shall provide the applicant with a notice of insufficient escrow balance. 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 Township or board of jurisdiction and the applicant. Such amount shall be sufficient to pay all unpaid bills, as well as an amount sufficient to complete all applicant reviews, including follow- up as to documents and conditions.
(2) In the interim, any required health and safety inspections shall be made and charged back against the replenishment of funds. Other than these inspections, no further work shall be done on the application or development. In addition, no hearing before any Township board or committee may be convened and no construction permit or certificate of occupancy may be issued if such amounts are due and payable. The time to act under the Municipal Land Use Law shall be tolled during the time when there has been no municipal action on the application because the applicant has not posted the additional escrow deposit provided for in this subsection. In addition, all escrow charges which are due and owing shall become a lien on the premises with respect to which said charges are required and shall remain so until paid. Said overdue charges shall accrue the same interest from time to time as taxes upon real estate in the Township. The Township shall have the same remedies for the collection thereof with interest, costs and penalties as it has by law for the collection of taxes upon real estate and may collect reasonable attorney's fees incurred in collecting such unpaid fees.
(3) The board of jurisdiction may deny the application if the applicant has failed to pay any amounts due hereof. Whether or not specifically stated in the resolution of memorialization, payment in a timely manner of all escrow fees which become due shall be a condition of the approval of any application.
L. Periodic accounting of escrow funds and expenditures. The Township CFO shall prepare and send to the applicant a statement which shall include an accounting of funds listing all deposits, interest earnings, if applicable, disbursements and the cumulative balance of the escrow account. This information shall be provided on a quarterly basis, if monthly charges are $1,000 or less, or on a monthly basis, if monthly charges exceed $1,000.
M. Close-out procedures. The applicant shall send written notice by certified mail to the Township CFO, to the board of jurisdiction and to municipal professionals who worked on the application review that the board of jurisdiction has granted final approval; that, in the case of subdivisions or site plans, the subdivision or site plan has been signed by the board of jurisdiction and the approval has otherwise been perfected; and that, in the case of all other applications for which escrow deposits are necessary, the approval has been perfected and no further work by municipal professionals is necessary. After receipt of said notice, each professional shall render a final bill to the CFO within 30 days. The CFO 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 from the professionals. Any balances remaining in the escrow account, including interest, if applicable, shall be refunded to the applicant along with the final accounting. The refunding process shall be in accordance with the guidelines and procedures established by the division of local government services in effect at that time.
N. Fee for inspection of constructed improvements.
(1) Each developer shall reimburse the Township for all reasonable costs for the municipal inspection of the construction site and off-site improvements and shall execute an agreement in a form provided by the Township obligating itself to do so. An escrow fund will be established with the Township before construction begins, and such funds shall be used to pay the fee and costs of professional services employed by the Township to inspect the construction.
(2) An initial fee, except for extraordinary circumstances, of the greater of $500 or 5% of the cost of improvements, both public and private, shall be deposited prior to the issuance of any construction permit. The estimated cost of improvements shall be determined by the Township Engineer pursuant to N.J.S.A. 40:55D-53.4 based on a preliminary itemized cost estimate prepared by the developer.
(a) For those developments for which the reasonably anticipated fees are less than $10,000, fees may, at the option of the developer, be paid in two installments. The initial amount deposited by a developer shall be 50% of the reasonably anticipated fees. When the balance on deposit drops to 10% of the reasonably anticipated fees because the amount deposited by the developer has been reduced by the amount paid to the Township Engineer for inspections, the developer shall deposit the remaining 50% of the anticipated inspection fees.
(b) For those developments for which the reasonably anticipated fees are $10,000 or greater, fees may, at the option of the developer, be paid in four installments. The initial amount deposited by a developer shall be 25% of the reasonably anticipated fees. When the balance on deposit drops to 10% of the reasonably anticipated fees because the amount deposited by the developer has been reduced by the amount paid to the Township Engineer for inspections, the Township CFO shall provide the developer with a notice of insufficient deposit balance and the developer shall make additional deposits of 25% of the reasonably anticipated inspection fees.
(3) The Township Engineer shall not perform any inspection if sufficient funds are not on deposit, except that any required health and safety inspections shall be made and charged back against the replenishment of funds.
(4) If an inspection deposit contains insufficient funds to enable the Township to perform required improvement inspections, the Township shall require the developer to deposit additional funds in escrow, provided that the Township delivers to the developer a written inspection escrow deposit request, signed by the Township Engineer, which: informs the developer of the need for additional inspections, details the items or undertakings that require inspection, estimates the time required for those inspections, and estimates the cost of performing those inspections.
(5) The Township CFO shall provide the developer with an accounting of the deposit setting forth the information and in the intervals. Upon the improvements being approved and all guarantees required under Chapter
215, Land Development use, improvement guaranties, having been released, the deposit shall be closed out in the same manner as is set forth for escrow accounts.
O. Deposit of escrow funds. The Township CFO shall deposit all escrow funds in accordance with N.J.S.A. 40:55D-53.1.
P. Exemptions.
(1) The following organizations or individuals may, to the extent specified herein, be exempt from the payment of subdivision and site plan fees assessed:
(a) Any nonprofit recreational association holding a tax-exempt status under the Federal Internal Revenue Code of 1954 [26 U.S.C. § 501(c) or (d)], when the property that is subject of the subdivision or site plan application is intended to serve the needs of all West Windsor citizens and the services provided by the organization would otherwise involve the expenditure of taxpayer funds.
(b) Any landowner who seeks a subdivision for the purpose of donating a subdivided parcel of land to West Windsor Township, to another governmental entity or to a nonprofit land-preservation organization, when the donated land will be deed restricted to prevent development and when neither additional residential nor commercial development will be built on any resultant parcel or enabled in any way by the subdivision.
(c) A disabled person, or a parent, child or sibling of a disabled person, in connection with any application for development which promotes accessibility to his or her own existing living unit. For the purposes of this subsection, the term "disabled person" shall have the same meaning as provided in New Jersey statute.
(2) Any of the qualifying organizations or individuals may be exempt from paying the application fee and the escrow deposit. These organizations shall be required to pay any professional fee or other cost for application review incurred by the Township which exceeds the application fee and escrow deposit set forth in the chapter.
Q. At the time of filing an application, the applicant shall pay the following nonrefundable fee, which fee shall apply to such applications, whether to the Planning Board or the Zoning Board of Adjustment. Requests for combination of approvals, such as site plan and floodplain relief, for example, shall pay a fee equal to the sum of the fees for each element. Any change to plot or plan during review resulting in increased dwelling units or greater nonresidential use area shall require added fees, as computed from the following schedule, at the time of submitting the change. Costs of attendance of a certified shorthand reporter and of transcription shall be borne by the party requesting the same, and on transcription, a copy shall be filed with the Township.
R. Application fees shall be as follows:
(1) Minor subdivision.
(a) Conceptual plan: no charge.
(b) Final: $100 plus $35 for each lot.
(2) Major subdivision.
(a) Conceptual plan: no charge.
(b) Preliminary: $350 plus $35 for each lot.
(c) Final: $200 plus $10 for each lot.
(d) Resubmittal: $100 plus $5 for each lot.
(3) Minor.
(a) Conceptual plan: no charge.
(4) Major.
(a) Site plans not involving any building area, such as, but not limited to, clearing, grading and tree removal in areas not affected by flooding.
[1] Conceptual plan: no charge.
[2] Preliminary: $200 plus $0.01 per square foot of site area disturbed.
(b) Parking lots.
[1] Conceptual plan: no charge.
[2] Preliminary: $100 plus $10 for each car space.
(c) Residential, other than single-family detached housing.
[1] Conceptual plan: no charge.
[2] Preliminary: $350 plus $30 per unit from one to 10 units, plus $20 per unit from 11 to 100 units, plus $10 per unit for 101 or more units.
[3] Final: $350 plus $3 per unit.
(d) Commercial-industrial. Proposed buildings, including accessory structures, expansions and additions, including all roofed areas without walls.
[1] Conceptual plan: no charge.
[2] Preliminary: $250 plus $50 for each 1,000 square feet or portion thereof.
(e) Others, including but not limited to churches, cathedrals or temples, clubs, swimming pools, schools other than public, hospitals, private recreational areas and camps.
[1] Conceptual plan: no charge.
[2] Preliminary: $250 plus $10 for each 1,000 gross square feet or $200 per acre, whichever is greater.
(f) Resubmittal of application for preliminary or final approval where the applicant has submitted an incomplete application as deemed by the Planning Board: $350.
(5) Sign permit, when not part of a comprehensive site plan: $100.
(7) Appeal pursuant to N.J.S.A. 40:55D-70(a): $50.
(8) Interpretation pursuant to N.J.S.A. 40:55D-70(b): $50.
(9) Hardship pursuant to N.J.S.A. 40:55D-70(c): $50.
(10) Use variance pursuant to N.J.S.A. 40:55D-70(d): $250 plus $100 for each 1,000 gross square feet or $200 per acre, whichever is greater, except single-family home: $50.
(11) Appeal to Township Council: no charge.
(12) Permit pursuant to N.J.S.A. 40:55D-34 and 40:55D-35: $150.
(13) List of persons entitled to notice: $10 or $0.25 per name, whichever is greater.
(14) Planning or Zoning Ordinance: $20.
(15) Master Plan report: $150.
S. Discount on Zoning Board fees. The balance, after remittance of all state-mandated fees and allowances, shall be reduced by 50% for all residents aged 62 years or older living in a house located within the Township of Ewing that they own.
T. Wells.
(1) Well installation permit: $200.
(2) Well abandonment permit: $100.
U. Septic system permits.
(1) New construction permit: $500.
(3) Permit to empty septic tank: $10.
(4) Repairs to septic tank permit: $150.