[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.]
GENERAL REFERENCES
Land use procedures — See Ch. 59.
Zoning — See Ch. 525.
[Amended 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; 10-1-2024 by Ord. No. 544-2024]
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
$550
$1,000
Major subdivision
Preliminary plat
$750
$500 per lot
Final plat
$500
$500 plus 5% of estimated cost of site improvements
Minor subdivision (No more than three lots)
$500
$1,000
Site plans
Preliminary
$600
$1,500
Final
$500
$1,500
Historic District review
HPC Committee Review
$100
$100 to $500 at discretion of construction office
Full HPC review of all applications other than demolition
$500
$100 to $2,500 at discretion of the full Historic Preservation Commission
HPC review of application for demolition of a noncontributing property
$500
$100 to $2,500 at discretion of the full Historic Preservation Commission
HPC review of application for demolition of a key or contributing property
$750
$100 to $3,500 at discretion of the full Historic Preservation Commission
Variances
Appeals (N.J.S.A. 40:55D-70a)
$500
$1,000
Interpretation (N.J.S.A. 40:55D-70b)
$500
$1,000
Hardship [N.J.S.A. 40:55D-70c(1) and (2)]
$500
$1,000
Use (N.J.S.A. 40:55D-70d)
$500 plus $100 per each additional section number sought
$2,000
Permit (N.J.S.A. 40:55D-34 and 40:55D-35)
$500
$1,000
Waiver of site plan
$500
$1,000
Temporary seasonal parking permit
First review of survey and parking plan
$250
Waived
Renewal of unchanged prior approval
Waived
Waived
[Prior § 211-2, Administrative fee, was repealed 10-1-2024 by Ord. No. 544-2024. History includes Ord. No. 119-2007; and Ord. No. 144-2008]
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:
(a) 
If the amount of interest on the account does not exceed $100, the City shall retain all such interest accruing.
(b) 
If the amount of interest on the account exceeds $100, the City shall retain $100.
(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.
[Amended 10-1-2024 by Ord. No. 544-2024]
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 $350 and escrow fee of $575 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; 10-1-2024 by Ord. No. 544-2024]
The fee for any request for reapproval or extension of time shall be $250 plus $1,000 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.