[HISTORY: Adopted by the City Council of
the City of Cape May by Ord. No.
987-93 (Ch. XXXV of the 1997 Revised General Ordinances).
Amendments noted where applicable.]
[Amended by Ord. No. 1057-95; 5-17-2005 by Ord. No. 33-2005; 4-14-2008 by Ord. No. 144-2008; 2-18-2020 by Ord. No. 389-2020]
Every developer shall, at the time of filing
application, prior to any scheduled public hearing or filing for final
approval, pay a nonrefundable application fee and an escrow fee to
the City of Cape May by cash, certified check or bank draft in accordance
with the following fee schedule. The fee to be paid shall be the sum
of the fees for the component elements of the plat or plan. Proposals
requiring a combination of approvals, such as subdivision, site plan,
and/or variance, shall pay a fee equal to the sum of the fees for
each element.
|
Application Fee
|
Escrow Fee
| ||
|---|---|---|---|
|
Each informal review
|
$100
|
$150
| |
|
Major subdivision
| |||
|
Preliminary plat
|
$325
|
$500 per lot
| |
|
Final plat
|
$100
|
$500 plus 5% of estimated cost of site improvements
| |
|
Minor subdivision (No more than three lots)
|
$125
|
$500 per lot
| |
|
Site plans
| |||
|
Preliminary
|
$325
|
$500 plus 2% of estimated cost of construction
| |
|
Final
|
$325
|
$500 plus 5% of estimated cost of site improvements
| |
|
Historic District review
| |||
|
HPC Committee Review
|
$75
|
$100 to $500 at discretion of construction office
| |
|
Full HPC review of all applications other than
demolition
|
$300
|
$100 to $2,500 at discretion of the full Historic
Preservation Commission
| |
|
HPC review of application for demolition of
a noncontributing property
|
$300
|
$100 to $2,500 at discretion of the full Historic
Preservation Commission
| |
|
HPC review of application for demolition of
a key or contributing property
|
$300
|
$100 to $3,500 at discretion of the full Historic
Preservation Commission
| |
|
Variances
| |||
|
Appeals (N.J.S.A. 40:55D-70a)
|
$125
|
$500
| |
|
Interpretation (N.J.S.A. 40:55D-70b)
|
$125
|
$500
| |
|
Hardship [N.J.S.A. 40:55D-70c(1) and (2)]
|
$250 plus $100 per each additional section number
sought
|
$500
| |
|
Use (N.J.S.A. 40:55D-70d)
|
$250 plus $100 per each additional section number
sought
|
$500
| |
|
Permit (N.J.S.A. 40:55D-34 and 40:55D-35)
|
$250
|
$500
| |
|
Waiver of site plan
|
$250
|
$500
| |
|
Temporary seasonal parking permit
| |||
|
First review of survey and parking plan
|
$100
|
Waived
| |
|
Renewal of unchanged prior approval
|
Waived
|
Waived
| |
[Amended 10-16-2007 by Ord. No. 119-2007; 4-14-2008 by Ord. No. 144-2008]
All applications and escrow fees pursuant to
the schedule listed above shall be submitted at the time of filing
application. This money is intended to cover all necessary and reasonable
costs incurred by the City for the Planning Board, Zoning Board of
Adjustment or Historic Preservation Commission to review and make
recommendations on applications. These costs include, but are not
limited to, professional fees and the cost of technical staff, and
advertising, postage and copying expenses. An additional administrative
fee of 7% will be assessed on the total actual cost of each application
to cover the usage of City buildings, office space, and equipment,
utilities, accounting and related support staff costs. The professional
and technical staff includes, but is not limited to, the following:
Board Attorneys, City Engineer, City Planner, applicable review staff
or other professionals as may be required, on specific applications.
The fee for the services of the technical and professional staff shall
be determined by resolution of the Planning Board, Zoning Board of
Adjustment, or City, as appropriate.
A.
Additional escrow fees. The amount specified for escrow
deposits are estimates; additional escrow fees may be necessary in
particular applications. If more than the amount specified for escrow
is required to pay the reasonable costs incurred, the applicant, prior
to being permitted to proceed with the approval procedure or prior
to obtaining certificates of occupancy for any portion of the application
project, shall pay all additional required sums.
B.
Excess funds. Escrow fees shall be controlled by the
City Treasurer. In the event that the escrow deposit is more than
required to pay necessary and reasonable costs of the technical and
professional staff, the excess funds shall be returned to the applicant
upon written request by the applicant.
C.
Deposit procedures.
(1)
Whenever an escrow amount is required in excess of
$5,000, it shall be deposited by the applicant with the City for the
purposes set forth above, and until repaid or applied for the purpose
for which it was deposited (including applicant's portion of the interest
earned thereon except as otherwise herein provided), shall continue
to be the property of the applicant and shall be held in trust by
the City. Money deposited shall be held in escrow. The City shall
deposit such monies in a banking institution or savings and loan association
in the State of New Jersey insured by an agency of the federal government,
or in any other fund or depository approved for such deposits approved
by the State of New Jersey, in an interest-bearing account at the
minimum rate currently paid by the institution or depository on time
or savings deposits. The City shall notify the applicant, in writing,
of the name and address of the institution depository in which the
deposit is made and the amount of the deposit. The City shall not
be required to refund an amount of interest paid on a deposit which
does not exceed $100 for the year. If the amount of interest exceeds
$100 per year, that amount shall belong to the applicant and shall
be refunded to him by the City annually or at the time the deposit
is repaid or applied to the purposes for which it was deposited, as
the case may be; except that the City may retain, for administrative
expenses, a sum equal to 33 1/3% of the entire amount, which
shall be in lieu of all other administrative and custodial expenses.
(2)
Whenever an escrow amount is required in the amount
of $5,000 or less, the escrow sum shall be deposited by the City in
an interest-bearing account. Developer shall be entitled to the annual
interest accruing on such account less an administrative handling
fee payable to the City as follows:
(3)
Alternatively, the developer may sign a written interest
waiver, in which case the City shall retain, as its administrative
handling fee, all interest accruing on the account.
When any development proposal given preliminary
approval by the Planning Board requires the review of a master deed,
a certificate of incorporation and bylaws of any homeowners' association,
the form of unit deed to be utilized and all relevant documents required
by the Condominium Law[1] or other applicable law and regulations and easements
and dedications, the applicant shall pay a fee at the current rate
per hour for the City Attorney for such review prior to any scheduled
public hearing for the applicant filing for final approval.
[1]
Editor's Note: See N.J.S.A. 46:8B-1 et seq.
[Amended 12-18-2007 by Ord. No. 128-2007; 4-14-2008 by Ord. No. 144-2008
A.
Site improvements. When any development proposal approved
by the Planning Board, Zoning Board or Historic Preservation Commission
includes the construction of site improvements, the developer, owner
or applicant shall pay to the City, prior to the issuance of any development
permit or the start of construction, an inspection escrow fee equal
to 5% of the estimated cost of the site improvement, to be deposited
in a construction inspection escrow account. The estimate shall be
approved by the Planning Board Engineer. City inspection costs will
be paid from escrow funds. Certificates of occupancy or acceptance
of improvements shall not be issued until the developer's engineer
certifies, in writing, to the correctness and accuracy of all site
improvements.
B.
Major subdivisions and site plans. Inspection fees required by Subsection A involving major subdivisions and site plans shall be paid prior to any scheduled public hearings, the issuance of a development permit or signing of a final plat. Such fees shall be paid for the lots in the section or sections for which final approval has been granted or in which the developer proposes to install improvement prior to final approval. The inspection fee shall be equal to 5% of the Engineer's proposed construction estimates for the improvements, and be deposited in a construction inspection escrow account.
When development plans are classified as incomplete
by the Planning Board or Zoning Board Review Committee, the applicant
shall pay an additional application fee of $200 and escrow fee of
$250 when resubmitting revised plans. This fee shall be charged upon
each resubmission.
A.
When development plans are resubmitted to satisfy
comments of board professionals that have been deemed complete by
the Planning Board or Zoning Board Review Committee, the applicant
shall pay an application fee of $100 and the review fees of board
professionals.
B.
No additional application fees shall be required where
revisions in a plat are submitted to satisfy a condition of approval
stipulated by the Board action as per resolution, no additional fees
shall be required.
[Amended 4-14-2008 by Ord. No. 144-2008]
The fee for any request for reapproval or extension
of time shall be $225 plus $500 escrow. For HPC review of a request
for reapproval or extension, the fee will be the same as the fee for
a new application, and there will be no escrow.
[Amended 4-14-2008 by Ord. No. 144-2008]
Additionally, if the Planning Board, Zoning
Board of Adjustment or Historic Preservation Commission creates, as
a condition of any approval, a requirement that ongoing inspections
are necessary by the City of Cape May to ensure compliance by an applicant
as a condition of approval, it shall be the obligation of the applicant
to bear the cost of the inspection fees by placing a sum, designated
by the Planning Board, Zoning Board of Adjustment, Historic Preservation
Commission or City of Cape May, as appropriate, in an escrow fund.
Fees will be based on length of time involved, number of inspections
required and the cost of the inspection to the City. When all inspections
have been completed to the satisfaction of the Planning Board, Zoning
Board of Adjustment, Historic Preservation Commission or City, as
appropriate, any excess escrow fund shall be returned to the applicant
upon written request.
[Amended 4-14-2008 by Ord. No. 144-2008]
When applications for preliminary and final
site plan approval are made simultaneously, the Planning Board or
Zoning Board of Adjustment shall have the right to waive the payment
of additional deposits.
A.
Payment of outstanding property taxes. No applications
for approval or a zoning variance shall be considered by the Planning
Board or Zoning Board of Adjustment without the prior deposit of sufficient
escrow funds as herein described and proof by the applicant of payment
of all outstanding property taxes on the parcel(s) in question.
B.
Payment of costs. Each applicant for review or approval
shall agree in writing at the time of application and on a form prescribed
by the City to pay all reasonable costs for the City's engineering,
planner, legal, utility reviews and other expenses connected with
the review of materials submitted or otherwise reasonably connected
with the review of materials submitted or otherwise reasonably connected
to the application in question for any inspections of the improvements
as may be required. Such costs must be paid in full before any construction
permit is issued.
C.
Use of court reporter. The use of a certified court
reporter shall be at the discretion of the Board Secretary or applicant.
The cost of taking testimony and transcribing it, including provisions
for a copy of the transcript to the City, shall be at the expense
of the applicant.
D.
Copies of proceedings. Interested parties requesting
copies of tape recordings of proceedings, listing of property owners
or other special services shall pay all costs plus a clerical fee
of $15 per hour. Minimum fee shall be $15 per request.
