[Adopted 12-27-2004 by Ord. No. 362[1]]
[1]
Editor's Note: This ordinance repealed former
Art. VI, Fees and Escrow Deposits, adopted 8-13-1990 by Ord. No. 277,
as amended.
Base application fees shall be payable to the
Borough of Andover for any application to the municipal agency as
hereinafter provided. Such payment shall be made to the administrative
officer with whom the application for development or other application
is filed at the time of filing of said application. The municipal
agency shall have the sole authority to determine whether a substantial
amendment has been made to the original submissions.
A.
Minor subdivisions base application fees:
(1)
Upon original submission of minor subdivision application
for all minor subdivision: $250 plus $25 per lot created including
remainder.
(2)
Each resubmission on original application or any map
for a minor subdivision which has expired pursuant to N.J.S.A. 40:55D-47,
1/2 of the original submission fee in effect as of the date of the
resubmission.
(3)
Lot line adjustment, application fee shall be $150 and not as set forth in Subsection A(1) above.
(4)
Technical major subdivision (minor subdivision with
variance): Application fee shall be $300 plus $75 per lot including
remainder.
B.
Major subdivisions base application fees:
(1)
Preliminary plat, original submission: minimum application
fee, $350, plus an additional fee of $75 for each lot shown on plat.
(2)
Preliminary plat, resubmission, reapproval or substantial
amendment: minimum application fee, 1/2 of the original submission
fee as of the date of the resubmission, and provided that the resubmission
is filed within six months of the disapproval of the original subdivision.
(3)
Final plat, original submission: minimum application
fee, $350, plus an additional fee of $25 for each lot shown on the
plat.
(4)
Final plat, resubmission, amended or reapproval: 1/2
of the original application fee, but not less than $175 if it encompasses
the same land as the original final subdivision, and provided that
the resubmission is filed within three years of preliminary approval.
C.
Site plans base application fees:
(1)
For each application in the R-1 and R-1A Zone: $300.
(2)
For each application in the C-1, C-2 and C-3 Zones:
$350 plus $75 per each 1,000 square feet or fraction thereof of improved
area (which includes building area and all land areas proposed to
be disturbed).
(3)
For each application in the IP and PD Zones: $450
plus $75 per each 1,000 square feet or fraction thereof of improved
area (which includes building area and all land areas proposed to
be disturbed).
(4)
For each resubmission of a previously approved site
plan, provided that resubmission is made within six months of the
original approval: 1/2 of the original submission fee in effect as
of the date of the resubmission.
(5)
For each site plan for construction of a sign permitted
in accordance with the ordinances of the Borough and not requiring
a variance therefor; $100.
(6)
For each workshop review for applicants requesting
site plan approval in conjunction with a continuing certificate of
habitability for other than a single-family detached house; $75 with
an escrow deposit of $200.
(7)
Extensions. For each extension of a preliminary or
final subdivision or site plan: $200 plus a $400 escrow.
D.
Variances, base application fees.
(1)
For each application requesting variance relief pursuant
to N.J.S.A. 40:55D-70(a), (b), (c), and/or (d), the following application
fees shall apply.
|
Statutory Section
(N.J.S.A. 40:55D)
|
Residential
|
Commercial
|
Industrial
|
|---|---|---|---|
|
-70(a)
|
$150
|
$300
|
$400
|
|
-70(b)
|
$150
|
$300
|
$400
|
|
-70(c)
|
$150
|
$300
|
$300
|
|
-70(d)
|
$400
|
$400
|
$600
|
|
-35
|
$200
|
$200
|
$300
|
|
-36
|
$200
|
$200
|
$300
|
(2)
Conditional use fee: $300, residential; $500, commercial;
$750, industrial.
(3)
In the event that more than one variance is sought,
the applicant shall pay the amount for the first variance and 1/2
the amount contained in the column above for each additional variance
sought on the property.
E.
Planned unit development and general development plan
approval: $5,000 or $50/unit, whichever is greater. Each subsequent
application made under the initial approval shall require the same
fee to be submitted.
For each subsequent hearing of six hours beyond
the initial six hours of hearing, the applicant shall also pay, prior
to the next meeting, in the manner hereinabove provided, a supplemental
base application fee equal to 50% of the original applicable base
application fee but not greater than $750.
The application fee for an informal review of
a concept plan, pursuant to N.J.S.A. 40:55D-10.1, shall be 1/2 of
the regular fee attributable to submitting a formal application for
development. The applicant shall receive full credit for all fees
paid in connection with such informal review of a concept plan, which
credit shall be applied against the base application fees due thereafter
and payable upon the filing of such formal application within one
year of the informal review of the concept plan.
The fee for obtaining a certificate of approval
and/or release of a performance bond or a maintenance bond shall be
equal to $30 for each lot shown on the plat for which such certificate
of approval and/or release is sought.
The fee for preparation of a certified list
of adjacent property owners prepared pursuant to N.J.S.A. 40:55D-12(c)
shall be $0.25 per name or $10, whichever is greater.
The applicant shall deposit with the municipality,
in addition to base application fees, moneys to be used to offset
the expenses of professionals retained by the municipality to provide
technical reviews of all applications for development in order to
assist the reviewing municipal agency in its decisionmaking process.
These fees shall not include the preparation of any resolutions required
to be adopted by law. These funds shall be held in a separate escrow
account, by the municipality, as hereinafter set forth.
|
Type of Review
|
Minimum Escrow Deposit
| ||
|---|---|---|---|
|
SUBDIVISION
| |||
|
Initial submission
| |||
|
Lot Line Adjustment
|
$500
| ||
|
Minor
|
$750
| ||
|
Technical Major
|
$1,000
| ||
|
Preliminary
|
$2,000
| ||
|
Final
|
$1,000
| ||
|
Amendment
| |||
|
Minor lot line adjustment
|
$300
| ||
|
Preliminary, technical major
|
$500
| ||
|
Final
|
$500
| ||
|
SITE PLAN
| |||
|
Initial submission
| |||
|
Minor
|
$15 per 100 square feet of gross building space
proposed or part thereof, minimum $2,000
| ||
|
Preliminary
|
Same as above
| ||
|
Final
|
$1,000
| ||
|
Amendment
|
One-half the initial fee
| ||
|
PLANNED UNIT DEVELOPMENT
| |||
|
General development plan
|
$15,000 or $15 per unit, whichever is greater
| ||
|
Preliminary
|
Same as above
| ||
|
Final Plan
|
Same as above
| ||
|
CONDITIONAL USE:
| |||
|
Only
|
$500
| ||
|
As part of another application
|
$250
| ||
|
VARIANCE
| |||
|
Only A, B, C, (N.J.S.A. 40:55D-70a, b, c)
|
$350
| ||
|
As part of another application
|
$100
| ||
|
Only D (N.J.S.A. 40:55D-70d)
| |||
|
10 acres or less
|
$650
| ||
|
More than 10 acres
|
$750
| ||
|
As part of another application
|
$200
| ||
A.
Method of reimbursement of professional personnel
for professional services.
(1)
The term "professional personnel" and/or "professional
services," for the purposes of this chapter, shall include the services
of a duly licensed engineer, surveyor, attorney, planner, realtor,
appraiser or other expert who would provide professional services
to the reviewing municipal agency to insure that an application meets
all of the performance standards set forth in the municipal ordinances
and any other expert retained by the municipality or the reviewing
municipal agency to comment upon any testimony offered by the applicant
in support of his application or to offer testimony with respect to
or in rebuttal of any such testimony.
(2)
The municipal professionals, and any additional professionals
retained by the reviewing municipal agency, shall then submit their
bills for services rendered to the reviewing municipal agency in the
regular course of business. The amount of reimbursement from the escrow
fund shall be in accordance with the amount available in the fund
and shall be paid to the professional. Any balance shall be paid from
the general revenues of the municipality, in accordance with the "budget"
of said municipal agency as provided and approved by the governing
body of the municipality. Any escrow funds remaining at the completion
of the application shall be returned to the applicant.
(3)
The Borough wishes to ensure that an applicant be
responsible only for the reasonable costs entailed in having various
professionals review an application. In order to clarify this, escrow
deposits applied to an application in good order (see discussion following),
and not requiring expertise beyond that represented by the Board Attorney,
Engineer and Planner, are "capped" as indicated below.
|
Type of Review
|
Minimum Escrow Deposit
| ||
|---|---|---|---|
|
SUBDIVISION
| |||
|
Initial submission
| |||
|
Minor
|
$1,000
| ||
|
Preliminary major
|
$4,000
| ||
|
Final major
|
$2,000
| ||
|
Amendment
| |||
|
Minor
|
$500
| ||
|
Preliminary major
|
$1,000
| ||
|
Final major
|
$1,000
| ||
|
SITE PLAN
| |||
|
Minor and preliminary
|
Twice the initial requirement
| ||
|
Final
|
$2,000
| ||
|
Amendment
|
One half the initial submission and a maximum
as indicated above.
| ||
|
PLANNED UNIT DEVELOPMENT
| |||
|
General development plan
|
$40,000 per year or $40 per unit, whichever
is greater
| ||
|
Preliminary
|
Same as above
| ||
|
Final
|
Same as above
| ||
|
CONDITIONAL USE
| |||
|
By itself
|
$1,000
| ||
|
As part of another application
|
$500
| ||
|
VARIANCES
| |||
|
Only A, B, C (N.J.S.A. 40:55D-70a, b, c)
|
$700
| ||
|
As part of another application
|
$200
| ||
|
Only D (N.J.S.A. 40:55D-70d)
| |||
|
10 acres or less
|
$1,000
| ||
|
More than 10 acres
|
$1,400
| ||
|
As part of another application
|
$200
| ||
|
SITE PLAN REVIEW CERTIFICATE OF CONTINUED HABITABILITY:
An applicant for continued certificate of habitability may apply to
the Planning/Zoning Board, using forms available from the Secretary
of the Board, for a determination as to a waiver from the requirements
for a site plan. The fee for such application shall be $100 with an
escrow of $300.
|
(4)
These escrow funds are based upon the assumption that
the plans submitted are designed in accordance with the minimum standards
of acceptable engineering and planning practice for the type of development
being prepared. If the plans are not at least equal to those minimum
standards, the municipal agency may request, based upon its professional's
recommendations, that the plans be amended, and the application will
be deemed a new application, with the exception of checklist requirements,
and the applicant shall be responsible for posting an additional escrow
fee equal to 50% of the original escrow amount. The municipal agency
may take any other action it deems appropriate, including transmitting
a letter to the appropriate state licensing agency indicating its
professional's opinion regarding the quality of the plans filed, requesting
that the state licensing agency take appropriate action.
If requested by the applicant in writing, or
on the record if made at a hearing before a municipal agency, special
meetings of the municipal agency may be held in the Andover Borough
Municipal Building or at such other place within the Borough as may
be determined by the municipal agency, on such date and at such hour
as may be determined by the municipal agency, upon payment of a special
meeting fee of $750 for a meeting at the municipal building or $1,000
for a meeting that is held in another location due to the unavailability
of the municipal building or due to additional seating capacity required
by the number of parties, witnesses and anticipated members of the
public planning on attending; such fee shall accompany the request
for a special meeting; said amount to cover the cost of publication
of any required special notice and any other reasonable costs which
may be incurred by the municipal agency with respect to such special
meetings, including but not limited to the attendance fee for any
required staff professionals or consultants. If more than one applicant
requests a special meeting to be held on the same date, the fee shall
be equally divided so as to ensure that all costs incurred by the
municipal agency for that special meeting are paid directly by the
applicant(s) requesting that meeting. Such special meeting fees shall
be in addition to other application fees or supplemental base application
fee and review escrow deposits which may be otherwise applicable.
Whether or not a special meeting will be held at the request of an
applicant shall be within the sole discretion of the municipal agency.
Any municipal agency, committee or entity of
the Borough of Andover may make application to the municipal agency
without the requirements for making payment of any of the fees hereinabove
provided. Notwithstanding any other provision of the chapter to the
contrary, the municipal agency may recommend a waiver of any base
application fees, supplemental base application fees or portions thereof
as hereinabove provided for nonprofit organizations and other organizations,
persons or entities where it is deemed to be in the interest of the
Borough of Andover; provided, however, that the municipal agency shall
not be empowered to waiver the making of a review fee escrow deposit
absent the concurrence of the Borough Council, which concurrence shall
be expressed in a formal resolution of the Borough Council adopted
by 2/3 of the full membership thereof.
