Borough of Paramus, NJ Fees, Land Use

Editor's Note: This ordinance also repealed former Art. I, Appeals, adopted 10-27-1977 by Ord. No. 77-32 as amended in its entirety 11-24-1992 by Ord. No. 92-23.

§ 229-1 Application fees and escrow fees.

At the time of filing of an application for development, soil movement, or appeals, the applicant shall pay the following nonrefundable application fees payable to the "Borough of Paramus" by personal check, certified check, bank money order, or by credit card where applicable. Applications for development or appeals requiring a combination of requests shall pay a fee equal to the sum of the fee for each element. The exception to this is that any case involving multiple bulk variances shall pay only one bulk variance fee. Remitted fees for informal review of a concept plan shall be a credit toward fees for review of the application for development pursuant to the Municipal Land Use Law at N.J.S.A. 40:55D-10.1.

In addition to the required application fees established below, the applicant shall be required to establish one or more escrow accounts with the Borough to cover the reasonable costs of professional review of applications for development, review and preparation of documents, and professional consultation required as a result of an application, set forth herein. Services may include the services of a duly licensed surveyor, planner, engineer, attorney, or any other official or person who would provide services to ensure that an application complies with the standards set forth in the Code and whose testimony may be solicited to give further information to the Borough or the approving authority in any area addressed by any of the applicant's experts. The escrow fees shall be paid separate and apart from the application fees by personal check, certified check, or bank money order made payable to the "Borough of Paramus." Escrow fees shall be replenished by the applicant within 10 days upon request by the Building Department.

Nonprofit organizations and places of worship may make request to the Township Council for the waiving of the application fee requirements pursuant to this section. Waiver of fees shall not apply to required escrow funds.

No fee or escrow shall be charged in the case of an application for development for a firehouse or first aid building.

The Borough shall collect the following fees and escrows for applications for development, soil movement, and appeals:

				Fee	Escrow
A.	Subdivisions
	(1)	Concept (N.J.S.A. 40:55D-10.1)		$250	$0
				The amount shall be credited toward fees for the review of the application for development.
	(2)	Minor subdivision		$450
		Lot line adjustment(s) or up to 3 building lots being created:		$1,000
	(3)	Amended minor subdivision		$250	$625
	(4)	*Preliminary major subdivision
		2-10 lots		$2,150	$1,500
		11-20 lots		$2,500	$2,000
		21-30 lots		$3,000	$2,500
		31 or more lots		$3,500	$4,500
	(5)	Final major subdivision
		2-10 lots		$2,000	$500
		11-20 lots		$2,150	$1,000
		21-30 lots		$2,500	$1,500
		31 or more lots		$3,000	$2,000
	(6)	Preliminary and final (simultaneous)
		2-10 lots		$2,500	$1,500
		11-20 lots		$3,000	$2,000
		21-30 lots		$3,500	$2,500
		31 or more lots		$4,000	$4,500
	(7)	Amended preliminary and/or final subdivision		$650	$1,000
	(8)	Modification of a condition to a prior approval where notice is not required pursuant to N.J.S.A. 40:55D-12a		$500	$375
	(9)	Modification of a condition to a prior approval where notice is required pursuant to N.J.S.A. 40:55D-12a		$650	$375
B.	Site Plans
	(1)	Concept (N.J.S.A. 40:55D-10.1)		$250	$0
				The amount shall be credited toward fees for the review of the application for development.
	(2)	Minor site plan		$1,000	$1,000
	(3)	Preliminary site plan
		(a)	0 square feet to 20,000 square feet new construction	$1,500	$1,000
		(b)	20,001 square feet to 50,000 square feet new construction	$2,000	$1,000
		(c)	50,001 square feet to 100,000 square feet new construction	$3,000	$2,000
		(d)	100,001 square feet to 150,000 square feet new construction	$5,000	$2,500
		(e)	150,001 square feet to 200,000 square feet new construction	$8,000	$2,500
		(f)	250,001 square feet or more of new construction	$20,000	$2,500
	(4)	Final site plan
		(a)	0 square feet to 20,000 square feet new construction+	$900	$900
		(b)	20,001 square feet to 50,000 square feet new construction +	$1,750	$900
		(c)	50,001 square feet to 100,000 square feet new construction+	$3,000	$900
		(d)	100,001 square feet to 150,000 square feet new construction+	$4,750	$900
		(e)	150,001 square feet to 200,000 square feet new construction+	$7,000	$900
		(f)	250,001 square feet or more of new construction+	$19,500	$900
		+Based on the square footage approved in the preliminary plan for which the application is a final application
	(5)	Combined Preliminary and Final Site Plan
		(a)	0 square feet to 20,000 square feet new construction	$2,000	$1,000
		(b)	20,001 square feet to 50,000 square feet new construction	$3,000	$1,000
		(c)	50,001 square feet to 100,000 square feet new construction	$5,500	$2,000
		(d)	100,001 square feet to 150,000 square feet new construction	$8,550	$2,500
		(e)	150,001 square feet to 200,000 square feet new construction	$14,000	$2,500
		(f)	250,001 square feet or more of new construction	$30,000	$2,500
	(6)	Wireless communications facilities, whether minor or major site plan		$1,650	$1,000
	(7)	Amended major site plan (Preliminary and/or final)		$650	$900
	(8)	Amended minor site plan		$500	$700
	(9)	Modification of a condition to a prior approval where notice is not required pursuant to N.J.S.A. 40:55D-12a		$250	$375
	(10)	Modification of a condition to a prior approval where notice is required pursuant to N.J.S.A. 40:55D-12a		$500	$375
	(11)	* Multifamily with 3 or more units: preliminary		$100 per dwelling unit plus $150 public hearing fee	$2,500
	(12)	Multifamily with 3 or more units: final		$50 per dwelling unit, plus $46 per dwelling unit (for engineering fee)	$2,500
C.	Variances/Appeal Applications pursuant to N.J.S.A. 40:55D-70
	(1)	Appeal		$250	$500
	(2)	Interpretation		$250	$500
	(3)	*Bulk (single-family residential)		$650	$500
	(4)	*Bulk (nonresidential)		$650	$2,500
	(6)	Use (N.J.S.A. 40:55D-70d) Commercial Development Residential Development		$1,150 $650	$5,000 $500
D.	Access (pursuant to N.J.S.A. 40:55D-34/35/36)			$450	$375
E.	Zone change			$2,500	$1,500
F.	Soil Movement-Cubic Yards of Soil to be moved
	Up to and including 400 cubic yards (minor)			$25, plus permit fee of $0.10 per cubic yard, multiplied by the number of cubic yards to be imported/removed
	More than 400 cubic yards (major)			$75, plus permit fee which is the sum computed at a rate of $0.10 per cubic yard, multiplied by the number of cubic yards to be imported/removed	$2,000
G.	Zoning permit
	(1)	For fences, walls:		$25
	(2)	For generators and HVAC units: $50
	(3)	For sheds, detached garages and other accessory structures and uses:		$50
	(4)	For patios and decks:		$100
	(5)	For swimming pools:		$100
	(6)	For residential additions, attached garages, and porches:		$150
	(7)	For new homes:		$200
	(8)	For home occupations:		$200
	(9)	For nonresidential uses:		$200
	(10)	For acknowledgement that meets zoning		$300
	(11)	Certification pursuant to N.J.S.A. 40:55D-68		$300
	(12)	For community residences, shelters, adult family day-care homes		$100
	(13)	All other principal uses not specifically identified		$200

Article II Escrow Deposits, Application Fees, Appeals and Professional Payments [1]

[Adopted 2-10-1998 by Ord. No. 98-4]

[1]

Editor's Note: The title of this Art. II was changed from "Escrow Deposits, Application Fees and Professional Payments" to its current title 2-8-2022 by Ord. No. 2022-03.

§ 229-2 Incorporation of fees; payment by Chief Financial Officer; scope and limitation of charges.

This article incorporates by reference Chapter A460, entitled "Fees," of the Code of the Borough of Paramus and any other ordinances presently in effect relating to escrow deposits, application fees and escrow deposits as though set forth herein at length. The Chief Financial Officer of the municipality shall make all of the payments to professionals for services rendered to the municipality or approving authority for review of applications for development, review and preparation of documents, inspection of improvements or other purposes under the provisions of N.J.S.A. 40:55D-1 et seq. The application review and inspection charges shall be limited only to professional charges for review of applications, review and preparation of documents and inspections of developments under construction and for review by outside consultants when an application is of a nature beyond the scope of the expertise of the professionals normally utilized by the municipality. The only cost that shall be added to any such charges shall be actual out-of-pocket expenses of such professionals or consultants including normal and typical expenses incurred in processing applications and inspecting improvements. No applicant shall be charged for any municipal, clerical or administrative functions, overhead expenses, meeting room charges or any of the municipal costs and expenses except as provided for specifically by statute, nor shall a municipal professional add any such charge to his bill.

§ 229-3 Scope of reimbursed services.

The municipality shall be entitled to be reimbursed for the review of applications, both as to completeness and as to content; for the review and preparation of documents, such as but not limited to drafting resolutions, developer's agreements, and necessary correspondence with the applicant or applicant's professionals.

§ 229-4 Deposit of escrow funds; refunds.

Deposits received from any applicant in excess of $5,000 shall be held by the Chief Financial Officer in a special interest-bearing deposit account, and upon receipt of bills from professionals and approval of said bills as hereinafter provided for, the Chief Financial Officer may use such funds to pay the bills submitted by such professionals or experts. The municipality 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, the entire amount shall belong to the applicant and shall be refunded to him by the municipality annually or at the time the deposit is repaid or applied for the purposes for which it was deposited, as the case may be, except that the municipality may retain for administrative expenses a sum equivalent to no more than 33 1/3% of that entire amount, which shall be in lieu of all other administrative and custodial expenses. All sums not actually so expended shall be refunded to the applicant within 90 days after the final decision by the appropriate municipal agency with respect to such application, upon certification by the Board Secretary that such application has been finally decided.

§ 229-5 Payments.

Each payment charged to the deposit for review of applications, review and preparation of documents and inspection of improvements shall be pursuant to a voucher from the professional, which voucher shall identify the personnel performing the service, and each date the services were performed, the hours spent to one-fourth-hour increments, the hourly rate and the expenses incurred. All professionals shall submit vouchers to the Chief Financial Officer of the municipality on a monthly basis in accordance with the schedules and procedures established by the Chief Financial Officer. The professional shall send an informational copy of all vouchers or statements submitted to the Chief Financial Officer of the municipality simultaneously to the applicant and the municipal agency for whom said services were performed.

The Chief Financial Officer shall prepare and send to the applicant a statement which shall include an accounting of funds listing fill deposits, interest earnings, disbursements and the cumulative balance of the escrow account. This information shall be provided on a quarterly basis, if monthly charges are $1,000 or less, or on a monthly basis if monthly charges exceed $1,000. If an escrow account or deposit contains insufficient funds to enable the municipality or approving authority to perform required application reviews or improvement inspections, the Chief Financial Officer 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, post a deposit to the account in an amount to be agreed upon by the municipality 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.

§ 229-6 Payments required prior to issuance of permits.

No zoning permits, building permits, certificates of occupancy or any other types of permits may 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 made.

§ 229-7 Closeout procedures.

The following closeout procedures shall apply to all deposits and escrow accounts established under the provisions of N.J.S.A. 40:55D-1 et seq., and shall commence after the approving authority has granted final approval and signed the subdivision plat or site plan, in the case of application review escrows and deposits, or after the improvements have been approved in accordance with N.J.S.A. 40:55D-53, in the case of improvement inspection escrows and deposits.

The applicant shall send written notice by certified mail to the Chief Financial Officer of the municipality and the approving authority and to the relevant municipal professional, that the application or the improvements, as the case may be, are completed. After receipt of such notice, the professional shall render a final bill to the Chief Financial Officer of the municipality within 30 days and shall send a copy simultaneously to the applicant. The Chief Financial Officer of the municipality shall render a written final accounting to the applicant on the uses to which the deposit was put within 45 days of receipt of the final bill. Any balances remaining in the deposit or escrow account including interest in accordance with N.J.S.A. 40:55D-53.1, shall be refunded to the developer along with the final accounting.

§ 229-8 Scope of charges.

All professional charges for review of an application for development, review and preparation of documents or inspection of improvements shall be reasonable and necessary, given the status and progress of the application or construction. Review fees shall be charged only in connection with an application for development presently pending before the approving authority or upon review of compliance with the conditions of approval, or review of requests for modification or amendment made by the applicant. A professional shall not review items which are subject to approval by any state governmental agency and not under municipal jurisdiction except to the extent consultation with a state agency is necessary due to the effect of state approvals on the subdivision or site plan.

§ 229-9 Limitation of inspection fees.

Inspection fees shall be charged only for actual work shown on a division or site plan or required by an approving resolution. Professionals inspecting improvements under construction shall charge only for inspections that are reasonably necessary to check the progress and quality of the work, and such inspections shall be reasonably based on the approved development plans and documents.

§ 229-10 Substitution of professionals.

If the municipality retains a different professional or consultant in the place of a professional originally responsible for development application review, or inspection of improvements, the municipality or approving authority shall he responsible for all time and expenses of the new professional to become familiar with the application or the project, and the municipality or approving authority shall not bill the applicant or charge to the deposit or the escrow account for any such services.

§ 229-11 Appeals.

[Added 2-8-2022 by Ord. No. 2022-03[1]]

An applicant shall notify, in writing, the governing body, with copies to the Chief Financial Officer, the approving authority and the professional, whenever the applicant disputes the charges made by a professional for a service rendered to the municipality in reviewing applications for development, review and preparation of documents, inspection of improvements, or other charges made pursuant to N.J.S.A. 40:55D-53.2. The governing body or its designee shall within a reasonable time attempt to remediate any disputed charges. If the matter is not resolved to the satisfaction of the applicant, the applicant may appeal to the County Construction Board of Appeals, established pursuant to N.J.S.A. 52:27D-127, any charge to an escrow account or deposit by any municipal professional or consultant, or the cost of the installation of improvements estimated by the Municipal Engineer pursuant to N.J.S.A. 40:55D-53.4. An applicant or his authorized agent shall submit the appeal, in writing, to the County Construction Board of Appeals. The applicant or his authorized agent shall simultaneously send a copy of the appeal to the municipality, approving authority and any professional whose charges are the subject of the appeal. An applicant shall file an appeal within 45 days from receipt of the informational copy of the professional's voucher required by N.J.S.A. 40:55D-53.2c, except that if the professional has not supplied the applicant with an informational copy of the voucher, then the applicant shall file his appeal within 60 days from receipt of the municipal statement of activity against the deposit or escrow account required by N.J.S.A. 40:55D-53.2c. An applicant may file an appeal for an ongoing series of charges by a professional during a period not exceeding six months to demonstrate that they represent a pattern of excessive or inaccurate charges. An applicant making use of this provision need not appeal each charge individually.

Appeals shall be taken in accordance with the rules and procedures established by the County Construction Board of Appeals.

During the pendency of any appeal, the municipality or approving authority shall continue to process, hear and decide the application for development and to inspect the development in the normal course and shall not withhold, delay or deny reviews, inspections, signing of subdivision plats or site plans, the reduction or the release of performance or maintenance guaranties, the issuance of construction permits or certificates of occupancy, or any other approval or permit because an appeal has been filed or is pending under this subsection. The Chief Financial Officer of the municipality may pay charges out of the appropriate escrow account or deposit for which an appeal has been filed. If a charge is disallowed after payment, the Chief Financial Officer of the municipality shall reimburse the deposit or escrow account in the amount of any such disallowed charge or refund the amount to the applicant. If the charge is disallowed after payment to a professional or consultant who is not an employee of a municipality, the professional or consultant shall reimburse the municipality in the amount of any such charge.

[1]

Editor's Note: This ordinance also repealed former § 229-11, Estimate of cost of improvements.

§ 229-12 Appeals.

Appeals shall be taken in accordance with the rules and procedures established by the County Construction Board of Appeals.