[Amended by Ord. No. 3-80; Ord. No. 20-88; Ord. No. 24-95; 4-26-2006 by Ord. No. 18-2006; 9-25-2013 by Ord. No. 14-2013; 9-10-2014 by Ord. No. 12-2014; 11-5-2015 by Ord. No. 12-2015; 12-4-2019 by Ord. No. 28-2019; 7-9-2020 by Ord. No. 08-2020; 6-9-2022 by Ord. No. 10-2022; 12-4-2024 by Ord. No. 25-2024]
The following fees are established for applications, permits and services under this chapter:
A. 
Application for subdivision approval:
Application Type
Administrative Fee
Informal hearing/concept plan review
Minor subdivision
$250
All others
$250
Appeals and interpretations
$300 plus any other costs incurred by Board during review process
Certificate of nonconforming use
$250
From the Administrative Officer
$50
From the Zoning Board of Adjustment
$250
Capital review
$150
Architectural review
Residential
$150
Nonresidential
$300
Subdivision
Minor and major
$500
Preliminary
$500 + $50 per lot
Final
$250 + $50 per lot
Site plan
Minor and major
$500
Residential preliminary
$500 + $50 per dwelling unit
Residential final
50% of preliminary fee
Nonresidential preliminary
$1,000 + $50 per acre of disturbance + $0.05 per square foot of proposed building area
Nonresidential final
50% of preliminary fee
Conditional use
$300 plus fees as designated under site plan
Application for certificate of approval or certificate of appropriateness in historical zone
$175
Waiver (submittal requirement or design waiver)
N.F.
Bulk “C” variance
$200 for 1 + $50 for each additional variance
Use “D” variance
Single-family
$300
All other residential and nonresidential
$600 plus fees as designated under site plan
General development plan
Initial submission
$500
Administrative change determined to be minor by Borough Engineer
$150
Plan amendment
$250
Timing schedule amendment
$250
Amendment of approvals
Administrative change determined by Borough Engineer to minor
$150
Amendment of preliminary or final plat or site plan previously approved, determined to be minor by Borough Engineer or agency
$250
Amendment of preliminary or final plat or site plan previously approved, determined to be minor by Borough Engineer or agency
Full fees required by this section
Application for extension of time of site plan or subdivision approval pursuant to MLUL
$500 plus any other costs incurred by the Board during review process
Application for signs requiring Board approval
$150 plus any other costs incurred by the Board during review process
Permitted temporary freestanding signs
$50
Permit for temporary handheld sign
$100 for the initial permit plus $25 for each additional handheld sign/person that will be utilized pursuant to the same permit
Permit for signs in excess of eight feet
$100
Billboard permit
$100
Publication fee
Single family
$20 per decision rendered
All other residential and nonresidential
$30 per decision rendered
Certified list of property owners
$10 or $0.25 per name, whichever is greater
Special meetings
$1,750 per special meeting
Fire prevention (site plan or major subdivision)
$100
Zoning permit
Residential new home with grading
$250
Revised grading new home
$100
Residential property addition
$50
Nonresidential new building use
$350
Aboveground pool
$100
In-ground pool
$175
Commercial use
$100
Sign (commercial)
$50 per sign
Issuance of certificate of approval of subdivision
Original certificate
$100
Continuation certificate
$25 per year
B. 
Fees, when necessary in connection with any approval requiring improvements and to cover inspections in accordance with § 89-105, 5% of total cost of improvements (including off-tract improvements) required as a condition of approval, said cost to be determined by the Borough Engineer in accordance with N.J.S.A. 40:55D-53.4 or other applicable law.
C. 
Administrative Secretary search of tax duplicate for owners within 200 feet of premises: $10 or $0.25 per name whichever is greater.
D. 
Issuance of a certificate of occupancy: same fee as provided in Chapter 129, Construction Codes, Uniform, and Chapter 116, Certificates of Occupancy, of the Borough Code.
E. 
Issuance of temporary certificate of occupancy: same fees a provided in schedule of fees in Chapter 129, Construction Codes, Uniform, of the Borough Code.
F. 
Rezoning requests before Planning Board: $300.
(1) 
Upon approval for ordinance preparation and publication: $400.
G. 
Exceptional rezoning review escrows. If the Borough determines that a proposed request for rezoning involves unusual or complicated aspects which could result in expenses to the Borough in excess of any application fees set forth above, the municipal agency hearing a request for rezoning may require the developer or applicant to provide, in addition to any application fee, an escrow deposit for professional fees. Said fees shall be administered in accordance with the procedures established in § 89-105. In determining the amount of any escrow required, the Borough, municipal agency, or Borough Engineer may consider the following:
(1) 
The size of the projected zoning amendment request;
(2) 
Unusual design or planning aspects;
(3) 
The degree and extent of municipal review and professional services required;
(4) 
The extent of conformity to normal planning and design standards.
H. 
Issuance of special event permits: $100.
I. 
Legal fees in connection with development applications. For legal services provided by the Borough Attorney in connection with a development application, the developer shall pay the following fees to the Borough Clerk:
(1) 
Preparation of developer's agreement: $650 or professional's fee, whichever is greater;
(2) 
Preparation of stormwater basin agreement: $650 or professional's fee, whichever is greater;
(3) 
Review of initial performance guarantees and the preparation of any initial resolutions in connection therewith: $175 for each review;
(4) 
Review of subsequent, substituted, reduced or modified performance guarantees, review of maintenance guarantees and the review of any amendments or extensions to letters of credit, together with any required resolutions: $175 for each such review:
(5) 
Preparation of municipal service agreement: $650 or professional's fee, whichever is greater.
J. 
Capital contribution for sidewalk construction.
(1) 
When contributions for sidewalk construction are required, the fee shall be paid into a sidewalk trust fund prior to issuance of a building permit and shall be based upon the following fee schedule:
(a) 
Minor subdivision: $85 per square yard.
(b) 
Minor site plan: $85 per square yard.
(c) 
Use variance; or undersized lot variance resulting in a new single-family dwelling: $85 per square yard.
(d) 
Major site plan or major subdivision. An amount equal to 100% of the reasonable cost of installing sidewalks along the entire frontage of the property where sidewalks do not exist. The amount shall be calculated by the Borough Engineer based upon typical costs at the time, with a minimum of $85 per square yard.
(e) 
In the case of an application requiring multiple approvals: $85 per square yard.
(2) 
The Borough may utilize the sidewalk trust fund for including but not limited to the following purposes: the design and installation of sidewalks where no sidewalk exists; the design, repair and extension of existing sidewalks; the design, repair or installation of items accessory and coincidental to sidewalks and crosswalks usage such as lighting, striping and signage which are either required by local, county, state or public utility regulations or recommended by the Borough Engineer for safety purposes.
[Added 12-17-2008 by Ord. No. 32-2008; amended 8-25-2010 by Ord. No. 17-2010]
The following fees are established for Tax Map revisions for subdivisions under this chapter:
A. 
Fees and escrows for minor subdivision/consolidation:
Fee
Escrow accepted upon deposit
$100 per lot
None
B. 
Major subdivisions:
Fee for tax map maintenance
Escrow accepted upon deposit
Lots 1 through 10: $150 per lot
None
Lots 11 through 20: $75 per lot
None
Lots 21 through 50: $50 per lot
None
Lots 51 and more: $25 per lot
None
C. 
The following fees for GIS maintenance shall apply to all minor and major subdivisions:
Fee for GIS maintenance
Escrow accepted upon deposit
Lots 1 through 10: $75 per lot
None
Lots 11 through 20: $55 per lot
None
Lots 21 through 50: $40 per lot
None
Lots 51 and more: $25 per lot
None
[Amended by Ord. No. 20-95]
A. 
Deposit of escrow funds.
(1) 
Escrow funds shall be deposited with the Borough to cover the cost of any professional services rendered to the Borough for review of applications for development, review and preparation of documents, inspection of improvements or other permissible purposes under the provisions of P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.). Prior to an application being ruled complete, the following sum(s) shall be delivered to the Borough to be held in escrow:
[Amended 4-26-2006 by Ord. No. 18-2006; 5-11-2011 by Ord. No. 05-2011; 12-4-2013 by Ord. No. 21-2013; 4-12-2023 by Ord. No. 10-2023]
Residential Development Subdivisions
0 to 3 lots
In cases of realignment of lot line (no new lots)
$750
All others
$1,000
4 to 10 lots
$4,000
11 and more lots
$7,500
Site plans
0 to 3 units
$2,000
4 to 10 units
$2,500
11 and more units
$5,000
Commercial Development Subdivisions
0 to 3 lots
$1,000
4 to 10 lots
$5,000
11 and more lots
$9,000
Site plans (new construction)
0 to 1,250 square feet
$1,000
1,250 to 2,500 square feet
$2,000
2,501 to 10,000 square feet
$4,000
10,001 to 20,000 square feet
$8,000
20,001 and more square feet
$10,000
Use Variances or "D" Variance
$500
Application for any variance before the Zoning Board of Adjustment to cover the costs of document preparation
$250
(2) 
Escrow funds deposited with the Borough shall be in the form of check, cash or money order and shall be maintained in an escrow account by the Finance Officer in accordance with N.J.S.A. 40:55D-53.1 or as otherwise provided by law. Escrow deposits shall be in addition to any application or other fees authorized by law to be charged by the Borough in connection with applications pursuant to the Municipal Land Use Law. As part of the application for development, the applicant shall place on the record its agreement to be bound by the provisions of the Borough's escrow ordinances. Deposits for inspection fees shall be established in accordance with subsection h of section 41 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-53).
B. 
Professional charges.
(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. 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 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.
(2) 
If the Borough retains a different professional or consultant in the place of the professional originally responsible for development, application review or inspection of improvements, the Borough shall be responsible for all time and expenses of the new professional to become familiar with the application or the project, and the Borough shall not bill the applicant or charge the deposit or the escrow account for any such services.
C. 
The Borough shall be reimbursed for all payments to independent consultants in accordance with N.J.S.A. 40:55D-53.2. If the salary, staff support and overhead for the municipal in-house professional are provided by the Borough, 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 professional by 2) the number of hours spent by the respective professional upon review of the application for development or inspection of the development’s improvements, as the case may be. For other professionals, the charge shall be at the same rate as all other work of the same nature by the professional for the Borough when fees are not reimbursed or otherwise imposed on applicants or developers. The Zoning Officer shall be authorized to conduct reviews of development applications for their completeness. The charge by the Borough for those services shall be the same as set forth above based on the Zoning Officer’s hourly based salary as established by the Borough's Salary Ordinance.[1]
[Amended 8-10-2011 by Ord. No. 10-2011]
[1]
Editor's Note: Said ordinance is on file in the Borough offices.
D. 
All escrow funds shall be utilized by the Borough or the appropriate board to pay the cost of any professional fees incurred for review of applications for development, review and preparation of documents, inspection of improvements and other purposes under the provisions of P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.). The term "professional" as used herein shall include the services of a duly licensed engineer, surveyor, planner, attorney, appraiser or other expert who would provide professional services to insure that an application complies with the standards set forth in Borough ordinances and experts whose testimony may be solicited to give further information to the approving board in any area addressed by any of applicant's experts.
E. 
No subdivision plat or deed or site plan shall be signed, nor shall any zoning permits, based upon variances or interpretations of the Zoning Ordinance, building permits, certificates of occupancy or any other types of permits be issued with respect to any approved application for development until:
(1) 
All bills for reimbursable services have been received by the municipality from professional persons rendering services in connection with such application;
(2) 
The applicant has reimbursed the Borough, the excess by which the amount of the bills exceeds the amount escrowed.
F. 
No professional personnel submitting bills to the Borough under this chapter shall charge for any of the services referred to herein at any higher rate or in any different manner from that which would normally be charged to the Borough for similar work. Payment of any bill rendered by a professional to the Borough with respect to any service for which the Borough is entitled to reimbursement shall in no way be contingent upon receipt of reimbursement by the Borough nor shall any payment for service be delayed pending reimbursement of the Borough by an applicant.
G. 
Payments to professionals.
(1) 
The Chief Financial Officer of the Borough shall make all of the payments to professionals for services rendered to the Borough or approving authority for review of applications for development, review and preparation of documents, inspection of improvements or other purposes under the provisions of P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.). Such fees or charges shall be based upon a schedule established by resolution which may be the resolution authorizing the contract of employment between the Borough and the professional.
(2) 
Each payment charged to the escrow deposit for review of applications, review and preparation of document and inspections of improvements shall be pursuant to a voucher from the professional, which voucher shall identify the personnel performing the service and for each date the services performed, the hours spent to one-quarter hour increments, the hourly rate and the expenses incurred. All professionals shall submit vouchers to the Chief Financial Officer of the Borough on a monthly basis in accordance with schedules and procedures established by the Chief Financial Officer of the Borough. If the services are provided by a Borough employee, the employee shall prepare and submit to the Chief Financial Officer, a statement containing the same information as required on a voucher, on a monthly basis.
(3) 
The professional shall simultaneously send an informational copy of all vouchers or statements submitted to the Chief Financial Officer of the Borough to the applicant. The Chief Financial Officer shall prepare and send to the applicant a statement which shall include an accounting of funds listing all deposits, interest earnings, 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. If an escrow account or deposit contains insufficient funds to enable the Borough or approving authority to perform required application reviews or improvement inspections, the Chief Financial Officer shall provide the applicant with a notice of the insufficient escrow or deposit balance. In order for work to continue on the development or the application, the applicant shall, within 10 days, post a deposit to the account in an amount to be agreed upon by the Borough or approving authority and the applicant. In the interim, any required health and safety inspections shall be made and charged back against the replenishment of funds.
H. 
The following closeout procedure shall apply to all deposits and escrow accounts established under the provisions of P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.) and shall commence after the approving authority has granted or denied final approval and, if approval is granted, 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 section 41 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-53), in the case of improvement inspection escrows and deposits. The applicant shall send written notice by certified mail to the Chief Financial Officer of the Borough and the approving authority and to the relevant municipal professional, that the application or the improvements, as the case may be, are completed. After receipt of such notice, the professional shall render a final bill to the Chief Financial Officer of the Borough within 30 days and shall send a copy simultaneously to the applicant. The Chief Financial Officer of the Borough 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. Any balances remaining in the deposit or escrow account, including interest in accordance with section 1 of P.L. 1985, c. 315 (N.J.S.A. 40:55D-53.1), shall be refunded to the developer along with the final accounting.
I. 
An applicant shall notify the Borough, 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 Borough in reviewing applications for development, review and preparation of documents, inspection of improvements or other charges made pursuant to the provisions of P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.). The Borough or its designee shall, within a reasonable time period, attempt to remediate any disputed charges. If the matter is not resolved to the satisfaction of the applicant, the applicant may appeal to the county construction board of appeals established under section 9 of P.L. 1975, c. 217 (N.J.S.A. 52:27D-127), any charge to an escrow account or a deposit by any Borough professional or consultant, or the cost of the installation of improvements estimated by the Borough Engineer pursuant to section 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4). 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 Borough, approving authority, and any professional whose charge is the subject of the appeal. An applicant shall file an appeal within 45 days from receipt of the informational copy of the professional's voucher required by subsection c of section 13 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.2), except that if the professional has not supplied 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 required by subsection c of section 13 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.2). An applicant may file an appeal for an ongoing service 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.
J. 
During the pendency of any appeal, the Borough 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 the 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 subsection provided the applicant has posted all escrow monies in accordance with this chapter. The Chief Financial Officer of the Borough 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 any 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 Borough, the professional or consultant shall reimburse the Borough in the amount of any such disallowed charge.
[Added 4-26-2006 by Ord. No. 18-2006]
A. 
Fee for a copy of the entire code or any portion of the code or a code update shall be pursuant to Chapter 150, Article II, § 150-2, of the Code of the Borough of Eatontown, except that the fee assessed for the duplication of the government record shall not exceed the following:
(1) 
First page to 10th page: $0.75 per page.
(2) 
Eleventh page to 20th page: $0.50 per page.
(3) 
All pages over 20: $0.25 per page.
B. 
If the actual cost for duplication due to private contractor duplication exceeds the aforesaid rates, then the charge shall be the actual cost of duplicating the document request.
[Added 7-10-2024 by Ord. No. 08-2024]
A. 
Purpose. The purpose of this section is to establish regulations pursuant to which a developer and/or property owner, as a condition for approval of a subdivision and/or site plan, shall pay a pro rata share of the cost of providing reasonable and necessary street improvements and water, sewerage and drainage facilities, and easements therefor, and provide for open space and park improvements, located off-tract but necessitated or required by construction or improvements within the subdivision or development.
B. 
Impact fees.
(1) 
To the fullest extent permitted by New Jersey law, presently or as may be amended and supplemented from time to time, and whenever the Borough can fairly and reasonably establish, based upon appropriate traffic and utility service analyses, plans or studies and open space or park improvement plans, the proportionate or pro rata amount of the cost of the aforementioned facilities located off-tract but necessitated or required by construction or improvements within the subdivision or development that shall be borne by each developer or owner within a related common area as provided for herein. The developer or owner shall pay said cost as a condition of approval up to the following amounts:
(a) 
Each square foot of new construction of warehouse space shall be assessed an impact fee of $2.75.
(b) 
Each square foot of new construction of retail, commercial and/or other industrial space shall be assessed an impact fee of $3.75.
(c) 
Each square foot of new construction of residential space shall be assessed an impact fee of $2.50.
(d) 
Construction of new tanks above or below grade of any gallon size shall be assessed an impact fee of $0.10/gallon. Single- and multifamily homes shall be exempt.
(2) 
The foregoing amounts shall apply to each square foot of lot coverage only and shall not be required for additions to existing owner-occupied residential dwellings and approvals for up to two residential dwellings.
(3) 
The provisions of this section notwithstanding, nothing herein shall prevent a developer or owner from voluntarily agreeing to pay its off-site development impact fee by way of in-kind services that the Borough and developer or owner agrees reflects the pro rata or proportionate share of the cost of proving reasonable and necessary off-tract improvements or facilities required by the construction or improvements to the be approved pursuant to a development application. In such a case, the Borough and developer or owner may enter into a developer’s agreement that provides for the in-kind services in lieu of any pro rata contribution provided for pursuant to these aforesaid requirements.
(4) 
The Borough may waive the provisions of this section for any duly authorized redevelopment project.
(5) 
Where a developer or owner pays under protest the amount determined to be his/her/its pro rata share as provided for herein, he/she/it shall institute legal action within one year of such payment in order to preserve the right to a judicial determination as to the fairness and reasonableness of such amount.