[Adopted 5-7-1990 by Ord. No. 4-1990; amended in its entirety 6-6-2005 by Ord. No. 20-2005]
The following fees shall be charged by the Township
of Harrison for any applicant for action to be taken for development
by the Planning Board or the Zoning Board of Adjustment[1] in accordance with the fees specifically set forth hereinafter
and all of which fees, which shall be identified as filing fees, shall
be applied to the general account of the Township of Harrison Planning
Board or Zoning Board or such other account as may be required and
shall not be applied to any escrow account for any credit whatsoever
for development, planning or zoning:
[Amended 3-4-2019 by Ord.
No. 5-2019; 3-18-2019 by Ord. No. 9-2019]
A.
Variances.
(1)
The fee for a variance pursuant to N.J.S.A. 40:55D-70d shall be $350.
(2)
The fee for any other type of variance shall be $250.
(3)
Where any variance shall be applied for and additional variances
are also needed in any application, not more than two fees shall be
charged for any given application. (For example: the use variance
is $350 and associated bulk variance for the same property is $250,
which equals $600, the maximum fee to be charged.)
(4)
Where any sign variance is applied for contemporaneously with any
other variance application, no fee shall be charged for the sign variance.
(5)
Where any sign variance is sought independent of any other application, all fees charged shall be in accordance with Subsection A(4) in the amount of $350.
(6)
The fee for (a) bulk variance(s) in conjunction with any development
application before the Planning Board shall be $250 per application,
which shall be in addition to any other applicable application fees.
B.
The fee for direction pursuant to N.J.S.A. 40:55D-34 or 40:55D-36
(building lot in bed of mapped street, etc., or not abutting any approved
street) shall be $150.
C.
The fee for a conditional use application shall be $450.
D.
Subdivision and site plan application fees:
(1)
Minor subdivision. Every application for a minor subdivision in the
Township of Harrison shall be accompanied by a check payable to the
Township of Harrison in accordance with the following schedule: application
charge of $250.
(2)
The fee for a residential preliminary major subdivision shall be
$2,000. The basic fee of $2,000 shall be charged plus the sum of $85
per residential unit for the first 10 residential units and, for any
additional residential unit, the sum of $55 for each residential unit
after the first 10.
(a)
The basic charge shall be paid to the Planning Board plus review
fees and deposits as may be hereinafter set forth for review of engineering
and land planning.
(3)
Where a commercial/industrial application shall be sought for preliminary
major subdivision, the sum of $2,000 shall be paid to the Township
of Harrison for said major subdivisions, plus $125 per acre. The same
fee shall be paid again at the time of final application.
(4)
The fee for a final major subdivision shall be $750 plus $125 per
residential unit plus any and all review fees and deposit and inspection
fees as hereinafter set forth.
(5)
The major site plan application basic charge shall be $1,500 plus
review fee deposits plus inspection fees as may be hereinafter required.
The same fee shall be paid again at the time of final application.
(6)
The minor site plan application basic charge shall be $550.
E.
Other application fees:
(1)
The fee for appeals from the Zoning Board of Adjustment[1] and the Planning Board to the governing body of the Township
of Harrison shall be $1,000.
(2)
The fee for a temporary use permit shall be $500.
(3)
Applications for certificate certifying use for structures pursuant
to N.J.S.A. 40:55D-68 shall be $100 for an area of not in excess of
one acre, plus $25 per acre involved.
(4)
A fee of $2 shall be charged for a copy of this article.
(5)
Appeals from the decision of an administrative officer. The application
fee for appeals from the decision of an administrative officer, pursuant
to N.J.S.A. 40:55D-70(a), shall be $250.
(6)
Requests for interpretation of ordinances. The application fee for
a request of an interpretation of the ordinance pursuant to N.J.S.A.
40:55D-70(b) shall be $250.
F.
Conceptual applications. Fees for concept (informal) reviews. An application fee of $550 shall be paid upon the presentment to the Planning Board of the Township of Harrison of a request for a concept (informal) review of any plan for development. A concept review or informal review is a request by an applicant that the Board, with the advice of its professionals, consider the concept proposed by the applicant and offer suggestions or thoughts regarding the proposed plan. A concept review or informal review occurs at a time when a full application for development has not been filed and may or may not be filed, and for which a response is sought, not in the form of a vote but only as a review of the concept before the Board. This application fee shall apply to conceptual or informal reviews of site plans and subdivisions, whether residential, commercial or industrial in nature. The minimum review fee (escrow) to be collected for a concept (informal) review shall be $2,500. The amount of any fees for such an informal review shall be a credit towards fees for review of the application for development. Nothing contained herein shall be interpreted to supersede the specific requirements set forth for a concept review of an adult community development as set forth in Chapter 225, Article VI, Adult Community Development.
G.
Reinstatement of lapsed approvals. Fees for application to reinstate
a lapsed approval. The fee for an application to the Planning Board
or the Zoning Board[3] of the Township of Harrison to consider an applicant's
request to reinstate a lapsed approval, where by legal means the time
period within which the applicant was to have performed certain actions
has expired and the applicant seeks to have the original approval
reinstated, shall be $400. The minimum review fee (escrow) to be collected
for same shall be $500.
I.
For resubmission or revision of any application, the fee shall be
the same as would have been paid for the initial application. For
any resubmission or revision of a development plan or application,
there shall be paid the same fee and deposit as for a new application,
which shall be in addition to any amounts paid for the original application.
Nothing herein shall prevent or limit resubmissions and revisions.
All fees and deposits on account of a revised plan or application
shall, in the discretion of the reviewing agency, not be required
for any revision not necessary for approval but which is requested
by the reviewing agency, nor any revision not involving any additional
costs of review by professional personnel or hearing expenses.
J.
For Township Planner review of rooftop-mounted solar collectors pursuant to § 225-132D(4)(f): $50.
[Amended 4-3-2006 by Ord. No. 8-2006; 5-21-2007 by Ord. No. 23-2007; 10-15-2007 by Ord. No. 50-2007; 3-17-2008 by Ord. No. 09-2008; 12-3-2012 by Ord. No.
49-2012; 3-18-2019 by Ord. No. 9-2019]
A.
Whenever a review fee is required, the developer shall deposit in accordance with § 110-1.4 a sum of money which the Municipal Treasurer shall, in turn, deposit in a separate account and carry under the municipality's trust fund section of accounts on the books of the municipality as a review fee escrow fund. The amount of money so deposited, exclusive of all other fees, shall be as follows.
B.
Subdivision and site plan escrow fees:
(1)
For major subdivisions, at preliminary application and again
at final application: the sum of $500 per lot for the first 10 lots
and $300 per lot for each additional lot after the first 10. At the
time of final approval, any amounts remaining on deposit after the
preliminary application review fees have been paid shall be credited
to the deposit for the final approval review fee deposit.
(2)
For minor subdivision applications, the applicant shall post
an initial escrow in the amount of $1,500 to cover the review fees
charged by the Township professionals.
(3)
For preliminary major site plan review: $1,500 per the first
acre or part thereof, plus $400 for each additional acre or part thereof.
The same fee shall be paid again at the time of final application.
(4)
For minor site plan review: $1,200.
D.
Such fund shall be used to pay the fees of any professional or technical
personnel retained or employed by the combined Municipal Planning
Board or Township Committee to assist in processing, reviewing, and
making recommendations concerning the subject application, which shall
include but not necessarily be limited to the solicitor to the board
or agency, the engineer for the board or agency, the land planner
for the board or agency, the Township Solicitor as may be required
to act pursuant to ordinance, and such other personnel which may be
necessary to be consulted in the event an application shall require
special consideration and/or review.
E.
Escrow agreement.
(1)
Whenever a review fee shall be required, the developer or applicant,
together with the combined Municipal Planning Board, shall execute
an agreement, in writing, with copies for each party providing the
following as to escrow agreements:
(a)
The agreement shall be signed by the developer and the combined
Municipal Planning Board at the time of the application.
(b)
The subject matter of the application shall be specifically
identified by lot and block designation as found on the Tax Map of
Harrison Township.
(c)
The full name of the applicant with applicant's address, telephone
number and fax number shall be included.
(d)
The purpose for the escrow shall be defined in accordance with
the application.
(e)
The agreement shall provide the developer's responsibility to
maintain an adequate reserve of funds for the payment in accordance
with the provisions of this subsection.
(f)
In the event the escrow shall be deficient at any time, the
combined Municipal Planning Board shall declare the application incomplete.
(g)
Any excess funds remaining in the escrow fund after 45 days
after final approval shall be returned to the applicant.
(h)
If an applicant, or in the case of a legal entity (such as a
corporation or limited-liability company) any person who has greater
than a ten-percent interest in any applicant, shall at any time have
a deficient escrow account on any parcel within Harrison Township,
such escrow account shall be brought current prior to the combined
Municipal Planning Board considering any new application for development
of any parcel or parcels within Harrison Township involving the person
with the deficient escrow.
(i)
In addition to the other remedies provided to the combined Municipal
Planning Board set forth herein, the applicant shall indemnify and
reimburse Harrison Township for the attorney's fees and costs relating
to the collection of all delinquent or deficient escrow balances.
All escrow balances shall be considered deficient if they are not
paid in full within 20 days of notification from the Secretary of
the Board.
(2)
If at any time the escrow fund is found to be insufficient to
cover all reasonable fees for the required professional services,
the applicant shall be notified, in writing, with an accounting of
the fees, and the applicant shall within 20 days increase the fund
as shall be determined by the reviewing board. In the event the applicant
shall fail to deposit the required fees, the reviewing board shall
be entitled to declare the application incomplete. Any excess funds
in the escrow fund remaining 45 days after final action has been taken
by the reviewing board shall be returned to the applicant.
A.
Prior to the approval of a subdivision or site plan, the developer shall deposit in accordance with § 110-1.3B a sum of money which the Municipal Treasurer shall, in turn, deposit into a separate escrow account and carry under the municipality's trust fund section of accounts on the books of the municipality as an inspection fee escrow fund. The amount of money so deposited, exclusive of all improvements required, shall equal the greater of $500 or 5% of the cost of improvements, which cost shall be determined pursuant to Section 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4 et seq.).
B.
Said escrow fund shall be used to pay the fees of
professional personnel employed to inspect and approve the construction
of the improvements required for subdivision or site plan approval.
Any excess of funds in escrow at the time when all improvements have
been finally accepted or approved shall be returned to the developer.
If at any time it becomes evident that the escrow fund is or will
be insufficient to cover said inspection fees, the developer shall
increase the fund as required by the approving municipal agency.
A.
The escrow funds deposited with the account of any
application as required by this article before the Planning or Zoning
Board of the Township of Harrison: all professional personnel who
shall be required pursuant to this article or by declaration, referral,
or resolution of either the Planning Board or the Zoning Board of
Adjustment,[1] shall be entitled to fees for that reasonable amount of
time necessary to review, report and process the application on behalf
of the Planning Board, the Zoning Board of Adjustment or the Township
of Harrison. Such professional shall be the Township Engineer for
water, the Township Engineer for sewer, the Planning Board Engineer,
the Planning Board Land Planner, the Planning Board Solicitor, the
Township Solicitor, the Zoning Board Solicitor and any other personnel
or expert to whom an application may be referred for advice, to advise
and report and process to the respective boards. All such fees shall
be submitted on a voucher form acceptable to the Township Treasurer
of the Township of Harrison and shall be processed against development
fees, which shall be deposited into escrow in advance by the applicant.
Wherever such deposit shall require replenishing or additional funds
to be deposited therein, the respective board shall notify the applicant
to deposit such additional funds as may be necessary to meet the expenses
of the Board pertaining to that particular application. No application
shall be deemed complete unless and until all such fees have been
deposited and paid and any deficiency satisfied in full, and no preliminary
or final approval shall be granted by any Board unless and until all
such fees have been paid in full through the escrow deposit fund.
The Township Treasurer shall report from time to time to the respective
boards as to the balance or status which may be required for such
escrow deposits.
B.
All fees shall be paid by the applicant or appellant
to the Secretary or Clerk of the municipal agency to which the application
is being made at the same time as the application is submitted or
the appeal is filed. Said fee shall then be turned over to the Municipal
Treasurer within 48 hours of receipt.
C.
Whenever a term is used in this article which is defined
in the Municipal Land Use Law, such term is intended to have the meaning
set forth in the definition of such term found in such statute, unless
a contrary intention is clearly expressed from the context of this
article.
D.
In addition to the other remedies provided to the
Boards set forth herein, the applicant shall indemnify and reimburse
Harrison Township for the attorney’s fees and costs relating
to the collection of all delinquent or deficient escrow balances.
All escrow balances shall be considered deficient if they are not
paid in full within 20 days of notification from the Secretary of
the Board.
[Added 5-21-2007 by Ord. No. 23-2007]
[Amended 3-18-2019 by Ord. No. 9-2019]
A.
Application fee. The application fee for a waiver of site plan shall
be the sum of $300 to be paid to the Township of Harrison and delivered
to the Secretary of the Planning Board (or the Zoning Board of Adjustment[1] at the time of the application filing. Should the Land
Use Board deny the request for a waiver of site plan review, the application
fee paid in conjunction with the application for a waiver request
shall be applied towards the application fee for site plan review.
B.
Review escrow. An escrow fee in the amount of $1,200 shall be paid
to the Township of Harrison, along with an application for a waiver
of site plan review, and submitted to the Secretary of the Planning
Board or the Secretary of the Zoning Board of Adjustment[2] at the time the application shall be filed. The Township
of Harrison shall hold this sum in escrow, for use in payment of all
review fees and inspection fees which are generated as a result of
the application. Any sums not utilized in the review or inspection
process shall be returned to the applicant. A strict accounting of
all sums expended will be provided to the applicant. In the event
additional sums shall be required, the applicant shall be notified,
in writing, by the Secretary of the Planning Board or the Secretary
of the Zoning Board of Adjustment of the required additional amount,
and applicant shall promptly submit such additional amount as escrow
to the Township of Harrison. In the event the applicant fails within
20 days to submit the additional sums required under the minor site
plan application, the application shall be deemed incomplete and held
in abeyance until such time as the applicant shall correct the deficiency.
In the event there is any deficiency at the completion of all proceedings
and hearings, the applicant shall pay all costs in full before the
Township of Harrison shall issue any building permit. In following
out this procedure, the Secretary of the Planning Board or the Secretary
of the Zoning Board of Adjustment shall advise the Construction Official
of the deficiency. The Construction Official shall not issue any building
permit until all such deficiencies have been paid in full.
[1]
Editor's Note: Former § 110-1.6, Tax Map impact
fee, was repealed 6-21-2010 by Ord. No. 15-2010.
[Amended 3-18-2019 by Ord. No. 9-2019]
A.
Application fee. The application fee for an administrative review
of a requested change to an approved development shall be the sum
of $150 to be paid to the Township of Harrison and delivered to the
Secretary of the Planning Board at the time the application is filed.
B.
Review escrow. A minimum review fee or escrow in the amount of $800
shall be paid by the applicant with the submission of its request
for a change to its approval. The Township of Harrison shall hold
this sum in escrow, for use in payment of all review fees which are
generated as a result of the application. Any sums not utilized in
the review process shall be returned to the applicant. An accounting
of all sums expended will be provided to the applicant. In the event
additional sums shall be required, the applicant shall be notified,
in writing, by the Secretary of the Planning Board of the required
additional amount, and the applicant shall promptly submit such additional
amount as escrow to the Township of Harrison. In the event the applicant
fails, within 20 days of receiving notice of an escrow deficiency,
to submit the additional sums required, the request shall be held
in abeyance until such time as the applicant shall correct the deficiency.
In the event there is any deficiency at the completion of all proceedings
and hearings, the applicant shall pay all costs in full before the
Township of Harrison shall issue any building permit. The Secretary
of the Planning Board shall advise the Construction Official of the
deficiency. The Construction Official shall not issue any building
permit until all such deficiencies have been paid in full.
A.
Application fee. The application fee shall be the
sum of $250 to be paid to the Township of Harrison and delivered to
the Secretary of the Planning Board at the time of the application
filing.
B.
Escrow fee:
(1)
An escrow fee in the amount of $500 shall be paid
to the Township of Harrison and submitted to the Secretary of the
Planning Board at the time the application shall be filed. Inspection
escrow will be determined at the time of approval by the Planning
Board.
(2)
The escrow fee shall be held in escrow by the Township,
and any sums not utilized in the review or inspection process shall
be returned to the applicant. A strict accounting of all sums expended
will be provided to the applicant pursuant to applicable state regulation.
(3)
In the event additional sums should be required, the
applicant shall be notified in writing by the Secretary of the Planning
Board of the required additional amount, and the applicant shall promptly
submit such additional amount as escrow to the Township. In the event
the applicant fails within 20 days to submit the additional sums required
under this application, the application shall be deemed incomplete
and held in abeyance until such time as the applicant shall correct
the deficiency.
C.
The Township of Harrison shall itemize any and all
expenditures and costs and provide a full and complete disclosure
to the applicant in written form in accordance with State of New Jersey
regulations.
D.
In the event of any deficiency at the completion of
all proceedings and hearings, all costs should be paid in full by
the applicant before the building permit shall be issued by the Township,
and following the procedure outlined herein, the Secretary of the
Planning Board shall advise the Construction Official of the deficiency.
The Construction Official shall not issue any building permit until
all such deficiencies have been paid in full to the Township of Harrison.
All communications relating to expenditures, costs, escrows and notices
shall be in written form.
Where an application for development includes
several approval requests, the sum of the individual required fees
shall be paid.
