Township of Mannington, NJ Article II Land Use Fees

[Adopted 6-6-1996 by Ord. No. 96-01; amended in its entirety 10-2-2008 by Ord. No. 08-08]

§ 46-5 Fees and deposits for review of applications for development.

A. Applicants must pay the following application fees and review fee escrow fund deposits upon filing applications for development:

(1) Informal review of a concept plan pursuant to N.J.S.A. 40:55D-10.1:

(a) Application fee (to be credited to subsequent application fee for same development): $300.

(b) Review escrow deposit: $500.

(2) Variance pursuant to N.J.S.A. 40:55D-70d:

(a) Application fee: $400.

(b) Review escrow deposit: $1,000.

(3) Any other type of variance:

(a) Application fee: $300.

(b) Review escrow deposit: $1,000.

(4) Request for permit pursuant to N.J.S.A. 40:55D-34 or variance pursuant to N.J.S.A.40:55D-36 (building lot in bed of mapped street, etc., or not abutting improved street):

(a) Application fee: $325.

(b) Review escrow deposit: $1,000.

(5) Conditional use per N.J.S.A. 40:55D-67:

(a) Application fee: $325.

(b) Review escrow deposit: $1,000.

(6) Resubdivision (formerly lot line adjustment):

(a) Application fee: $300.

(b) Review escrow deposit: $1,000.

(7) Minor subdivision:

(a) Application fee: $1,000.

(b) Review escrow deposit: $2,500.

(8) Appeal from Planning Board acting as Zoning Board of Adjustment to governing body:

(a) Application fee: $325.

(b) Review escrow deposit: $1,000.

(9) Appeal to Planning Board acting as Board of Adjustment pursuant to N.J.S.A. 40:55D-70a:

(a) Application fee: $225.

(b) Review escrow deposit: $750.

(10) Request for interpretation by Planning Board acting as Board of Adjustment pursuant to N.J.S.A. 40:55D-70b:

(a) Application fee: $225.

(b) Review escrow deposit: $750.

(11) Hearing transcript: as per N.J.S.A. 40:55D-10f.

(12) Land mining or earth extraction permit:

(a) Initial application:

[1] Application fee: $10,000.

[2] Review escrow deposit: $5,000.

(b) Renewal application:

[1] Application fee: $3,000.

[2] Review escrow deposit: $3,000.

(13) Major subdivision:

(a) Application for preliminary plan approval:

[1] Application fee: $1,000 per lot created (including remainder, drainage, open space, and other such lots).

[2] Review escrow deposit: $500 per lot created (including remainder, drainage, open space lots and other such lots), or $10,000, whichever is greater.

(b) Application for final plan approval:

[1] Application fee: $500 per lot created (including remainder, drainage, open space, and other such lots).

[2] Review escrow deposit: $250 per lot created (including remainder, drainage, open space lots and other such lots), or $5,000, whichever is greater.

(14) Site plan:

(a) Without structures:

[1] Application for preliminary site plan approval:

[a] Application fee: $100 per acre (or partial acre) to be disturbed, or $1,000, whichever is greater.

[b] Review escrow deposit: $100 per acre (or partial acre) to be disturbed, or $1,000, whichever is greater.

[2] Application for final site plan approval:

[a] Application fee: $50 per acre (or partial acre) to be disturbed, or $500, whichever is greater.

[b] Review escrow deposit: $50 per acre (or partial acre) to be disturbed, or $500, whichever is greater.

(b) With structures:

[1] Application for preliminary site plan approval:

[a] Application fee: $1,000 per acre (or partial acre) to be disturbed, or $5,000, whichever is greater.

[b] Review escrow deposit: $1,000 per acre (or partial acre) to be disturbed, or $5,000, whichever is greater.

[2] Application for final site plan approval:

[a] Application fee: $500 per acre (or partial acre) to be disturbed, or $2,500, whichever is greater.

[b] Review escrow deposit: $500 per acre (or partial acre) to be disturbed, or $2,500, whichever is greater.

(15) Zoning permit: $50.

[Amended 12-17-2015 by Ord. No. 15-05]

(16) Determination of agricultural exemption:

(a) Application fee: $100.

(b) Review escrow deposit: $500.

B. For any resubmission or revision of a development plan or application, there shall be paid the same fees and deposits as for a new application, which fees and deposits shall be in addition to the amounts paid or owed for the original application and for any previous resubmissions and revisions. 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 requested by the reviewing agency, nor for any revision not involving any additional costs of review by professional personnel or other hearing expenses.

§ 46-6 Review fee escrow fund for professional services.

A. Applicants must reimburse the Township pursuant to N.J.S.A. 40:55D-53.2, and maintain a review fee escrow fund from which such reimbursement shall be made, for:

(1) All expenses charged to the Township, Planning Board, or any other Township board or agency by professional personnel, experts and consultants in connection with an application for development or appeal, such as, but not limited to:

(a) Charges for reviews of applications and accompanying documents;

(b) Issuance of reports to the Township, Planning Board, or any other Township board or agency setting forth recommendations resulting from the review of any documents submitted by the applicant;

(c) Charges for any telephone conference or meeting requested or initiated by the applicant, the applicant's attorney or any of the applicant's personnel, experts or consultants;

(d) Review of additional documents submitted by the applicant and issuance of reports thereto;

(e) Review or preparation of easements, developers' agreements, deeds, declarations of covenant, or other documents or forms;

(f) Preparation for and attendance at regular and special meetings of the Township Committee, Planning Board, or any other Township board or agency;

(g) Any other fees, charges or expenses for professional, consultant or expert services for which the Township, Planning Board, or any other Township board or agency may require payment or reimbursement pursuant to N.J.S.A. 40:55D-53.2.

(2) The costs of expert or professional advice or testimony obtained by the Township, Planning Board, or any other Township board or agency for the purpose of reviewing, corroborating or rebutting testimony of the applicant's experts or professionals.

(3) Reimbursement of the Township's costs for attendance by the professional personnel of the Township, Planning Board, or any other Township board or agency, as well as any other professional personnel or professional services or experts retained or designated by the Township, Planning Board, or any other Township board or agency, for attendance at regularly scheduled and special meetings of the Township, Planning Board, or any other Township board or agency, whether or not said professional personnel, professional services or experts are in the regular employment of the Township, Planning Board, or any other Township board or agency, or retained specifically or only for services in regard to that applicant's application.

B. The terms "professional personnel," "experts," "consultants," or "professional services," as used herein, shall include the services of a duly licensed engineer, surveyor, planner, attorney, hydrologist, traffic engineer, environmental consultant, realtor, appraiser, or any other professional, consultant or expert who provides professional services to help ensure that an application meets performance standards set forth in the ordinance, and any professional, consultant or expert who provides testimony pertaining to a subject or field of study, knowledge, or expertise on which the applicant's professional, consultants or experts provide testimony.

C. Upon the filing of an application for development, the applicant shall deposit with the Municipal Treasurer sums of money as specified in § 46-5, above, which the Municipal Treasurer shall in turn deposit in a separate escrow account and carry under the municipality's trust fund section of accounts on the books of the municipality as a review fee escrow fund to be administered pursuant to N.J.S.A. 40:55D-53.2 et seq. Whenever a review fee escrow fund balance falls below 50% of the initial deposit amounts for the application as specified in § 46-5, above, the applicant must replenish the review fee escrow fund to the full amount of the initial deposit. In addition to the foregoing, if at any time a review fee escrow contains insufficient funds to enable the Township or any approving authority to perform required application reviews or improvement inspections, the Municipal Treasurer 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 a reasonable time period specified by the Municipal Treasurer, post a deposit to the account in an amount in excess of the foregoing replenishment requirements to be agreed upon by the Township 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. Any excess of funds in the escrow following payment and reimbursement of all review fees shall be returned to the applicant pursuant to close-out procedures specified in N.J.S.A. 40:55D-53.2 et seq.

D. No plat or site plan shall be signed, nor shall any zoning permits, building permits, certificates of occupancy or any other types of permits be issued with respect to any approved application for development until all bills for reimbursable services have been received by the municipality from professional personnel rendering services in connection with such application, and payment has been approved by the governing body, unless the applicant replenishes the review fee escrow fund as required by this § 46-6, provided that, if the charges submitted and approved by the governing body exceed the amount of the deposit, the developer shall be liable for payment of such deficiency.

E. No professional personnel submitting charges to the municipality for any of the services referred to in § 46-6A, above, of this section shall charge for any of the services contemplated by § 46-6A, above, at any higher rate or in any different manner than would normally be charged the municipality for similar work as ascertained by the professional's contract of employment with the municipality or by provisions of the Municipal Salary Ordinance.[1] Payment of any bill rendered by a professional to the municipality with respect to any service for which the municipality is entitled to reimbursement under this article shall in no way be contingent upon receipt of reimbursement by a developer, nor shall any payment to a professional be delayed pending reimbursement from a developer.

[1] Editor's Note: The Municipal Salary Ordinance is on file in the Township offices.

§ 46-7 Inspection fees and deposits.

A. The developer shall reimburse the Township for all reasonable inspection fees paid to the Township Engineer for the inspection of improvements pursuant to N.J.S.A. 40:55D-53 or other provisions of the Municipal Land Use Law or this article. Prior to final approval of the subdivision, site plan or other application for which inspections are required, the developer shall deposit with the Municipal Treasurer a sum of money, which the Municipal Treasurer shall in turn deposit in 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 initial amount to be deposited shall not exceed, except for extraordinary circumstances, the greater of $500 or 5% of the cost of improvements, which cost shall be determined pursuant to N.J.S.A. 40:55D-53.4.

(1) For those developments for which the inspection fees as initially calculated are less than $10,000, the fees may, at the option of the developer, be paid in two installments, in which case the initial amount deposited by a developer shall be 50% of the inspection fees. When the balance on deposit drops to 10% of the inspection fees because the amount deposited by the developer has been reduced by the amount paid to the Township engineer for inspections, the developer shall deposit the remaining 50% of the inspection fees.

(2) For those developments for which the inspection fees as initially calculated are $10,000 or greater, the fees may, at the option of the developer, be paid in four installments, in which case the initial amount deposited by a developer shall be 25% of the inspection fees. When the balance on deposit drops to 10% of the inspection fees because the amount deposited by the developer has been reduced by the amount paid to the Township Engineer for inspections, the developer shall make additional deposits of 25% of the inspection fees.

B. The foregoing notwithstanding, if at any time it becomes evident to the Municipal Treasurer and Engineer that the inspection fee escrow fund as originally calculated will be insufficient to cover the inspection fees, the developer shall increase the fund as required by the Municipal Treasurer. The Township Engineer shall not perform any inspection if sufficient funds to pay for those inspections are not on deposit.

C. Any excess of funds in the escrow following reimbursement of all inspection fees shall be returned to the developer.