[Amended 6-22-2004 by Ord. No. 04-16]
An application for development shall not be
considered complete until one of the appropriate checklists promulgated
by the Board is completed and filed with the Planning Board, together
with all of the material and information specified on the appropriate
checklist in accordance with the checklist instructions for development
review.
A.
Application fees. Every application for a review or
hearing before the Board shall be accompanied by a check for administration
purposes payable to the Borough of Alpha in accordance with the following
schedule:
[Amended 6-22-2004 by Ord. No. 04-16; 11-12-2013 by Ord. No. 13-18]
(1)
Site plan review. The following application fees covering
administration and overhead shall be charged to the applicant for
a site plan and shall be collected by the Borough Clerk or by such
person that may be appointed as Board Secretary at the time of submission
of an application to the Land Use Board for approval.
(2)
Subdivision.
(a)
Application for minor subdivisions. The following
application fees covering administration and overhead shall be charged
to the subdivider for a minor subdivision and shall be collected by
the Borough Clerk or by such person that may be appointed as Board
Secretary at the time of submission of an application to the Planning
Board for approval:
(b)
Application for major subdivision. The following
application fees covering administration and overhead shall be charged
to the subdivider for a major subdivision and shall be collected by
the Borough Clerk or by such person that may be appointed as Board
Secretary at the time of submission of an application to the Planning
Board for approval:
[1]
Sketch plat for major subdivision: $500.
[4]
Resubmission. Each resubmission of a preliminary
or final plat previously withdrawn by applicant or disapproved by
the Land Use Board: $750.
[5]
List of persons within 200 feet: $0.25 per name
or $10, whichever is greater.
[6]
Extension of preliminary approval: $1,000 plus
$25 per lot.
(3)
Zoning fees. No petition, application or other documents
submitted by an applicant pursuant to the terms of this chapter shall
be considered by the Land Use Board until the applicant shall have
paid to the Borough of Alpha, in cash, whichever of the following
fees is appropriate:
B.
Escrow deposits.
(1)
Escrow accounts.
(a)
There are hereby created escrow accounts, the
purpose of which is to defray the costs of operation of the Board.
(b)
At the time of submitting an application to
the Board Secretary for site plan or subdivision review before the
Board, the applicant shall be required to make a deposit as hereinafter
provided and execute an escrow agreement to defray the cost to the
Borough of all necessary and reasonable costs incurred for technical
and professional review by the approving authority. Said escrow agreement
shall be in a form approved by the Board Attorney. The amounts specified
for the escrow fund are estimates of fees. Said fees must be paid
prior to certification by the Board Secretary of a complete application.
All fees required by this section and any other section shall be paid
prior to the application of any applicant being considered complete;
provided, however, that payment of the fee in and of itself shall
not be deemed to make the application complete. Whenever the aforesaid
escrow fund becomes less than 50% of the required amount, the Board
Secretary shall notify the applicant, in writing, to deposit additional
funds into the escrow account to equal the required amount. The failure
of the applicant to deposit the additional funds within 30 days may
result in dismissal of the application. In the event that the amounts
required to be posted by this section are not sufficient to cover
the professional charges to the Borough, the Board is hereby granted
the power to request additional funds as provided for hereinafter.
In the event that the amounts posted as fees shall be in excess of
the amount required for all professional review, the excess funds
shall be returned to the applicant within 30 days of the issuance
of a certificate of occupancy for the project which the application
fees cover.
(2)
Determination of sufficiency of escrow funds. Before
issuing a construction permit or certificate of occupancy for any
element of a project, the Zoning Officer shall determine from the
Financial Officer whether there are sufficient escrow funds to pay
all pending bills attributable to the particular project. The Financial
Officer shall periodically advise the Board Secretary of the balance
of all escrow accounts and when additional funds are required as provided
for hereinafter. In the event that additional funds are required,
it shall be the obligation of the Board Secretary to notify the applicant
of the amounts required as additional fees, and in the event there
is a refusal or failure to make the payments required, the Board Secretary
shall notify the approving authority. In the event that the additional
fees are not paid, the application shall be considered incomplete
and the Planning Board shall take no further action on such plans
until such time as the additional fees have been paid. In the event
that additional fees are required, they shall be paid to the Borough
of Alpha in accord with the same agreement already entered into or
any additional terms which may be agreed to by the applicant and the
approving authority.
(3)
Required deposits. The following deposit shall be
submitted by the applicant at the time of submission of an application
to the Planning Board for approval. Said deposit shall cover the cost
of engineering, legal and professional planner review and documentation
fees and disbursements:
(d)
Zoning variances.
[1]
For an application seeking relief pursuant to N.J.S.A. 40:55D-70(a.),
i.e., appeal of the Zoning Officer's decision, a review escrow
deposit fee of $750 shall be paid.
[2]
An application seeking relief pursuant to N.J.S.A. 40:55D-70(b.),
i.e., interpretation of Zoning Map, Zoning Ordinance or decision upon
special questions, a review of escrow deposit fee of $750 shall be
paid.
[3]
An application seeking relief pursuant to N.J.S.A. 40:55D-70(c.),
i.e., bulk or hardship variance:
[a]
For an improved residentially zoned lot, a review deposit fee
of $500 shall be paid.
[b]
For an unimproved residentially zoned lot, a review deposit
fee of $1,000 shall be paid.
[c]
For a commercially zoned lot, whether improved or unimproved,
a review deposit fee of $1,500 shall be paid.
[d]
For an industrial zoned lot, whether improved or unimproved,
a review deposit fee of $1,500 shall be paid.
[4]
For a use variance, expansion of a nonconforming use, conditional
use deviation, floor area ratio increase, permitted density increase,
exceeding the permitted height of a principal structure by 10 feet
or 10%, a review deposit fee of $1,500 shall be paid.
[5]
Extension of variance approval: $1,000.
(4)
Tabulation and refund of deposit.
(a)
The Borough shall tabulate the costs of the
Board and Engineer, Planner and Attorney, their staffs and any additional
experts required for a proper review and documentation. These costs
shall be deducted from the escrow deposit.
(b)
Where the review costs exceed or are anticipated
to exceed the escrow deposit, the subdivider shall pay the additional
amount prior to the signing of any plat. Failure to remit the additional
required deposit within 15 days of the request shall render the application
incomplete and no further proceedings or action shall be taken by
the Board until after compliance. Where the review fee costs are less
than the escrow deposit, the difference shall be refunded to the subdivider
within 120 days of signing of the plat.
C.
Engineering/inspection fees and costs.
(1)
Subdivision and site plans. The applicant shall estimate
the costs of improvements required as part of the site plan approval
by the Board and shall submit the same to the Borough Engineer, who
shall then tabulate an inspection fee deposit to cover the costs of
inspection of the construction of the improvements on the site and
immediately adjacent to or associated with the site. The amount of
the deposit shall be based upon the estimated costs of improvements
and shall be as follows:
(2)
The inspection fee deposit shall be paid to the Borough
Clerk or such person that may be appointed as Board Secretary prior
to final approval of the subdivision or site plan. In the event that
the inspection costs are less than the inspection fee deposit, the
difference shall be refunded to the applicant/subdivider within 120
days of the completion of the improvements.
D.
Soil erosion and sediment control. Prior to the start
of any site plan and/or major subdivision construction, including
but not limited to clearing or grading, a separate cash performance
guaranty for soil erosion and sedimentation control shall be posted.
The amount of the guaranty shall be $100 per lot for subdivision and/or
$100 per building for site plans with typical soil erosion and sedimentation
control problems; however, the Borough may require an increased amount
upon receiving written recommendation from the Borough Engineer citing
critical soil and/or slope conditions. In the event of noncompliance
with the provisions of the approved soil erosion and sedimentation
control plan, the Borough may issue a written notice to the developer.
After 72 hours have lapsed from receipt of said notice, the Borough
shall have the option to take corrective actions and charge the cost
of corrective actions against the cash performance guaranty. Credit
will be given to the applicant for any performance guaranties posted
as required by the provisions for issuance of a soil erosion permit.
E.
Zoning Officer review fees. The following fees shall
be charged an applicant for review of certain applications by the
Zoning Officer:
(1)
Upon the filing of an application by an applicant
for a zoning permit or for a change in use variance, a fee of $25
shall be paid to the Borough of Alpha for review of either application
by the Zoning Officer.
(2)
Upon the filing of an application for a home occupation
use, the applicant shall file with the Borough of Alpha a fee of $200
to cover review and administration services of the Zoning Officer.
(3)
For review of site plan applications and reports to
the Planning Board by the Zoning Officer, a charge of $35 per hour
shall be payable to the Borough of Alpha from the applicant's escrow
account.
[Amended 11-12-2013 by Ord. No. 13-18]
(4)
For attendance by the Zoning Officer at the Planning
Board hearings, the sum of $35 per hour shall be paid to the Borough
of Alpha from the applicant's escrow account.
[Amended 11-12-2013 by Ord. No. 13-18]
F.
Certified shorthand reporter. If an applicant desires
a certified shorthand reporter, the cost of taking testimony and transcribing
it and providing a copy of the transcript to the Borough shall be
at the expense of the applicant, who shall also arrange for the reporter's
attendance.
G.
Special meeting of Land Use Board. Convening of a special meeting
of the Land Use Board at the request of an application: $1,500.
[Added 11-12-2013 by Ord. No. 13-18]
[Added 12-26-2013 by Ord. No. 13-21]
In the event of an applicant's nonpayment of escrow deposits,
the following actions shall be taken:
A.
No final action initial payment is made. No final action on an application
for development shall be taken by the Land Use Board until all escrow
fees payable in connection with such application have been paid in
full, and any additional escrow required after the payment of the
initial escrow deposit as estimated by the Board Engineer, Board Attorney
or Board Planner necessary to complete the administration of the development
application have been paid in full. Every resolution and memorialization
adopted by the Land Use Board pursuant to N.J.S.A. 40:55D-10g shall
be expressly conditioned upon the applicant making payment in full
of all sums due or to grow due on account of such escrow account within
10 days of the date of being billed therefor by the Borough or advised
thereof by a representative (secretary or otherwise) of the Land Use
Board, in default of which the Land Use Board may thereupon, upon
notice to the applicant or at any time thereafter, declare such resolution
of memorialization and any relief granted thereto to be null, void
and of no further effect.
(1)
Property owner liable. Without regard to whether the property
owner is the applicant, the property owner and applicant (if the applicant
is other than the property owner) shall be jointly and severally liable
to the Borough for the payment of escrow fees on account of professional
services rendered in administration of the application. Although the
Borough will first attempt to collect the fees due and payable from
the applicant (if the applicant is other than the property owner)
the Borough, in its sole discretion, shall be entitled to collect
such fees from the property owner if the applicant, after a period
of 20 days of the date of notification, does not pay such additional
escrow fees requested. No memorializing resolution shall be adopted;
any memorializing resolution previously adopted shall be subject to
revocation, and no zoning permit or building permit shall be issued
until such additional escrow fees have been paid.
[Added 12-27-2012 by Ord.
No. 12-14]
A.
Purpose. It is the purpose of this section to impose upon developers
the costs incurred by Alpha Borough in updating the municipal Tax
Map/GIS database as a result of the approval of a subdivision or various
subdivisions or the creation of any new lots within Alpha Borough.
Said costs are directly related to the development procedure, and
thereby Alpha Borough determines that they should be borne by the
developer/applicant for all said subdivisions and/or creation of new
lots.
B.
Applicable Tax Map/GIS database update fees. Each applicant and/or
developer for any approval which results in the creation of any new
lots, revision of any existing lots, and/or other alterations to the
Tax Map/GIS database shall be responsible for paying all reasonable
charges incurred by the Alpha Borough Engineer in updating said Tax
Map/GIS database. These costs shall include, but not be limited to,
update to the GIS database, revisions to existing Tax Map plates,
creation/addition of new Tax Map plates, appropriate revisions to
the Key Map(s), and reprographic services for applicable Borough,
county and state submission copies, as well as any reasonable shipping
and handling fees involved.
C.
Costs.
(1)
Once final subdivision and/or new lot approval has been received
and subsequently filed with the Warren County Clerk's office,
the applicant and/or developer shall be required to make a deposit,
with the Borough Treasurer, as hereinafter provided and execute an
escrow agreement, to defray the cost to the Borough of all necessary
and reasonable costs incurred, for the express purpose of updating/maintaining
the Tax Map/GIS database, as directed by the Tax Assessor. No construction
permit shall be issued until said costs are posted with Alpha Borough,
as outlined below:
(a)
For minor subdivisions (five lots or less): $100 per lot.
(b)
For major subdivisions and condominium unit(s) dimensioning
and detailing (six lots or more): $30 to $50 per lot, further broken
down as follows:
|
Number of Lots
|
Cost per Lot
| |
|---|---|---|
|
6 to 25
|
$50
| |
|
26 to 75
|
$45
| |
|
76 to 125
|
$40
| |
|
126 to 175
|
$35
| |
|
176 or more
|
$30
|
(c)
For each lot/Tax Map revision due to deed discrepancies, lot
line adjustments, easement detailing, ownership labeling, acreage
calculation and labeling, street name changes and other minor revisions:
$50 per lot or per change.
(d)
Per commercial site plan: $2,000.
(e)
Per condominium site plan: $2,000, plus $50 per unit for residential
condominium projects.
(f)
For printing/plotting of final Tax Map deliverables, as outlined
herein: $500.
(2)
If any portion of the escrow account remains unused following
the appropriate revisions to the Tax Map/GIS database, it shall be
refunded to the applicant.
(3)
In the event that any application for development is denied
and the application is no longer pending before the respective Board,
then any portion of the aforementioned fee which has not been expended
by the engineer responsible for maintaining the Tax Map/GIS database
shall be refunded to the applicant.
D.
Amendment. Any/all previous ordinances now in effect regarding Tax
Map/GIS database escrow fees in Alpha Borough are superseded by this
section.
[Added 12-27-2012 by Ord.
No. 12-15]
A.
Required data.
(1)
In addition to any/all hardcopy submissions already required of all map and plan materials currently being submitted to the Borough of Alpha, a digital graphics file containing the data outlined in Subsection B shall also be submitted with each project. All files must be submitted in a .dwg or .dxf file format.
(2)
All electronic files must be created in New Jersey State Plane
Coordinate System North American Datum 1983 (NAD 83), in U.S. Survey
feet.
(3)
All line work shall connect at line end points. Overlaps, gaps
or dangles are not acceptable. Polygon objects, such as parcels or
other boundaries, shall be created from line segments, connecting
to adjacent line work at intersections. Single, closed polygons are
not to be used where coincidental boundaries may occur. All text shall
be clearly legible and not obscured by polygon boundaries/line work.
B.
Submission time frame. All digital files for proposed property upgrades/changes/improvements
shall be submitted to the Borough of Alpha within 30 days of recordation
of the final plat or parcel map. Upon acceptance of the improvements
by the Alpha Borough Municipal Land Use Board and the Alpha Borough
Council, the digital files for all public, private and site development,
upgrades, changes and/or improvements shall be submitted by the originating
party. These digital files shall contain all information as shown
on the approved, hardcopy plans, as well as any approved changes or
revision, and any/all as-built information. Any proposed deviation
from these guidelines shall be considered by the Alpha Borough Council
on a case-by-case basis only.
C.
Minimum content requirements. The following minimum information must
be provided as outlined for each type of project referenced:
(1)
Signalization data: striping, traffic signs, traffic signals,
legend.
(2)
Contour data: contour lines and contour elevations.
(3)
Grading data: street grade, top of curb elevations.
(4)
Road data: right-of-way lines, street name(s), sign locations,
center-line locations, median island locations, sidewalk locations,
retaining wall locations, sound barrier locations, driveway/gutter-line
locations, curblines, handicap ramp locations, traffic light locations,
tree/shrub locations, legend.
(5)
Surface data: water body locations, stream/drainage ditch locations,
park locations, railroad locations, bike path/trail locations, well
locations, aboveground storage tank locations, legend.
(6)
Survey data: boundary line locations, monument locations, center-line
locations, lot/parcel boundaries, easement locations, control lines,
legend.
(7)
Utilities data: transmission line locations, pole locations,
transformer locations, lateral locations, meter locations, valve locations,
cleanout locations, manhole locations, catch basin locations, hydrant
locations, culvert/culvert fencing locations, waterline locations,
sanitary sewer line locations, stormwater drainage facility locations,
legend.
A.
Rules. The Board shall make rules governing the conduct
of hearings before it, which rules shall not be inconsistent with
the provisions of N.J.S.A. 40:55D-1 et seq., or this chapter.
B.
Oaths. The officer presiding at the hearing, or such
person as he may designate, shall have power to administer oaths and
issue subpoenas to compel the attendance of witnesses and the production
of relevant evidence, including witnesses and documents presented
by the parties, and the provisions of the County and Municipal Investigations
Law, c. 38, P.L. 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
C.
Testimony. The testimony of all witnesses relating
to an application for development shall be taken under oath or affirmation,
and the right of cross-examination shall be permitted to all interested
parties through their attorneys, if represented, or directly, if not
represented, subject to the discretion of the presiding officer and
to reasonable limitations as to time and number of witnesses.
D.
Evidence. Technical rules of evidence shall not be
applicable to the hearing, but the Board may exclude irrelevant, immaterial
or unduly repetitious evidence.
E.
Records. Each Board shall provide for the verbatim
recording of the proceedings by either stenographer or mechanical
or electronic means. The Board shall furnish a transcript or duplicate
recording in lieu thereof on request to any interested party at his
expense.
Whenever a hearing is required on an application
for development pursuant to N.J.S.A. 40:55D-1 et seq., or pursuant
to the determination of the municipal agency in question, the applicant
shall give notice thereof as follows:
A.
Public notice shall be given by publication in the
official newspaper of the municipality at least 10 days prior to the
date of the hearing.
B.
Notice shall be given to the owners of all real property,
as shown on the current tax duplicate or duplicates, located within
200 feet in all directions of the property which is the subject of
such hearing and whether located within or without the municipality
in which the applicant's land is located. Such notice shall be given
by serving a copy thereof on the owner as shown on said current tax
duplicate, or his agent in charge of the property, or by mailing a
copy thereof by certified mail to the property owner at his address
as shown on said current tax duplicate. Notice to a partnership owner
may be made by service upon any partner. Notice to a corporate owner
may be made by service upon its president, a vice president, secretary
or other person authorized by appointment or by law to accept service
on behalf of the corporation.
C.
Notice of all hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the Clerk of such municipality, which notice shall be in addition to the notice required to be given pursuant to Subsection B of this section to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
D.
Notice shall be given by personal service or certified
mail to the County Planning Board of a hearing on an application for
development of property adjacent to an existing county road or proposed
road, shown on the Official County Map or on the County Master Plan,
adjoining other county land or situate within 200 feet of a municipal
boundary.
E.
Notice shall be given by personal service or certified
mail to the Commissioner of Transportation of a hearing on an application
for development of property adjacent to a state highway.
F.
Notice shall be given by personal service or certified
mail to the State Planning Commission of a hearing on an application
for development of property which exceeds 150 acres or 500 dwelling
units. Such notice shall include a copy of any maps or documents required
to be on file with the Municipal Clerk pursuant to N.J.S.A. 40:55D-10,
Subsection b.[1]
G.
All notices hereinabove specified in this section
shall be given at least 10 days prior to the date fixed for hearing,
and the applicant shall file an affidavit of proof of service with
the Board holding the hearing on the application for development.
H.
Any notice made by certified mail as hereinabove required
shall be deemed to be complete upon mailing in accordance with the
provisions of N.J.S.A. 40:55D-14.
I.
Form of notice. All notices required to be given pursuant
to the terms of this chapter shall state the date, time and place
of the hearing; the nature of the matters to be considered; the identification
of the property proposed for development by street address, if any,
and by reference to lot and block numbers as shown on the current
tax duplicate in the Municipal Tax Assessor's office; and the location
and times at which any maps and documents for which approval is sought
are available as required by law.
Pursuant to the provisions of N.J.S.A. 40:55D-12, Subsection c, the Borough Tax Assessor shall, within 15 days after receipt of a request therefor and upon receipt of a payment of a fee as set forth in § 57-13, make and certify a list, from the current tax duplicate, of the names and addresses of owners within 200 feet to whom the applicant is required to give notice pursuant to § 57-15B of this chapter.
A.
Each decision on any application for development shall
be set forth, in writing, as a resolution of the Board, which decision
shall include findings of fact and legal conclusions based thereon.
B.
A copy of the decision shall be mailed by the Board,
within 10 days of the date of decision, to the applicant or, if represented,
then to his attorney, without separate charge. A copy of the decision
shall also be mailed to all persons who have requested it and who
have paid the fee prescribed by the Board for such service. A copy
of the decision shall also be filed in the office of the Municipal
Clerk, who shall make a copy of such filed decision available to any
interested party upon payment of a fee calculated in the same manner
as those established for copies of other public documents in the municipality.
A brief notice of every final decision shall
be published in the official newspaper of the municipality. Such publication
shall be arranged by the Secretary or Clerk of the body making the
decision, without separate charge to the applicant. Said notice shall
be sent to the official newspaper for publication within 10 days of
the date of any such decision.
Pursuant to the provisions of N.J.S.A. 40:55D-39
and 40:55D-65, every application for development submitted to the
Planning Board shall be accompanied by proof that no taxes or assessments
for local improvements are due or delinquent on the property which
is the subject of such application.
Any variance hereafter granted by the Planning
Board permitting the erection or alteration of any structure or structures
or permitting a specified use of any premises shall expire by limitation
unless such construction or alteration shall have been actually commenced
on each and every structure permitted by said variance or unless such
permitted use has actually been commenced within one year from the
date of publication of the notice of the judgment or determination
of the Board; except, however, that the running of the period of limitation
herein provided shall be tolled from the date of filing an appeal
from the decision of the Board to the governing body or to a court
of competent jurisdiction until the termination, in any manner, of
such appeal or proceeding.
