[HISTORY: Adopted by the Township Committee of the Township of Pittsgrove 12-23-1992 by Ord. No. 16-1992. Amendments noted where applicable.]
Editor’s Note: This ordinance superseded former Ch. A120, Fees, adopted 6-22-1988 as Ord. No. 5-1988, as amended.
The following schedule of fees is hereby established with respect to the licenses, permits and activities required or regulated under the provisions of various chapters of the Code of the Town of Pittsgrove:
Escrow fund fees.
Escrow deposits. The Planning Board and/or Zoning Board of Adjustment shall require escrow deposits in accordance with the provisions of this chapter. Such escrows shall be utilized to pay the cost of any professional or technical service fees incurred for review of and/or testimony concerning an application for development submitted by an applicant.
Subject to the provisions of Subsection C(5) below, each applicant shall, prior to the application being ruled complete pursuant to the provisions of the Municipal Land Use Law, submit the following sum(s) to be held in escrow in accordance with the provisions hereof:
Editor’s Note: See N.J.S.A. 40:55D-1 et seq.
Acreage for the purpose of computing the fee for a land mine development application shall include all area within the mandatory buffer area and the buffer area itself, plus any improvements outside the buffer area.
“Disturbed Area” for the purpose of computing application fees and escrow fee deposits for site plan applications, shall include road right-of-way improvements, building area, parking, access drives, walks, lawn area, landscaped area and areas to be cleared.
Within 45 days after the filing of an application for development, the Planning Board and/or Board of Adjustment, as the case may be, shall review said application for development to determine whether the escrow amount set forth above is adequate. In conducting such review, said Board shall consider the following criteria:
The presence or absence of public water and/or sewer servicing the site.
Environmental considerations, including but not limited to geological, hydrological and ecological factors.
The traffic impact of the proposed development.
The impact of the proposed development on existing aquifer and/or water quality.
The impact of the proposed development on off tract facilities.
The surface drainage impact on the site or on surrounding properties of facilities.
Upon completion of said review and within said forty-five-day period, the Board shall adopt a resolution specifying whether the escrow amount specified above is sufficient, excessive or insufficient. In the event that the Board shall determine that said amount is excessive, it shall in the resolution specify the amount that shall be deemed sufficient. In the event that the Board shall determine that the amount specified above is insufficient, it shall so specify and shall further set forth the amount required to be posted in light of the criteria specified herein. In the event that the Board shall determine that it is appropriate that no escrow be posted, it shall so specify in its resolution.
No application for development shall be deemed complete until such time as the applicant shall have posted with the Township of Pittsgrove in cash, certified check or money order the amount of escrow deposit determined by the Planning Board and/or Board of Adjustment to be required in accordance with the provisions of this chapter.
If at any time it becomes evident that the escrow fund is, or will become, insufficient to cover all reasonable fees for the required professional or technical services, the applicant shall increase the fund as determined by the reviewing agency.
All such escrow funds shall be utilized by the appropriate Board to pay the cost of any professional fees or fees for technical services incurred by the Board for review and/or testimony in connection with the particular application for development. All sums not actually so expended for professional or technical services shall be refunded to the applicant within 120 days after certification by the Board Chairman that said application has been finally determined. “Finally determined” shall be denial of preliminary approval; or denial of final approval; or compliance with all conditions following final approval; or withdraw of application. The escrow funds shall be held and disbursed in compliance with N.J.S.A. 40:55D-53.1 and 53.2.
Inspection escrow fund fees.
Prior to final approval of the subdivision or site plan, conditional use or variance pursuant to N.J.S.A. 40:55D-70d, 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 amount of money so deposited, exclusive of all other fees, shall equal 4% of the cost of all improvements required as a condition of subdivision, site plan, conditional use or variance pursuant to N.J.S.A. 40:55D-70d as such cost is estimated by the Municipal Engineer. However, there shall be a minimum inspection fee escrow deposit of $300 even though the aforesaid computation produces a lesser amount, unless there are no improvements required for the subdivision, site plan, variance or conditional use approval, in which case there shall be no inspection fee escrow fund established.
Said inspection 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 or conditional use or variance escrow; at the time when all improvements have been finally accepted or approved the balance 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.
For those developments for which the reasonably anticipated inspection fees are $10,000 or greater, the deposit may, at the option of the developer, be paid in four installments as per N.J.S.A. 40:55D-53.
All fees and escrow deposits shall be paid by the applicant or appellant to the Secretary or Clerk of the municipal agency to which the application or appeal 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. Escrow funds shall be held and administered in compliance with N.J.S.A. 40:55D-53.1 and 40:55D-53.2.
When an amount of money in excess of $5,000 shall be deposited by an applicant in escrow for review fees or inspection fees, the Township shall not refund an amount of interest earned on such deposit which does not exceed $100.00 per year. If the amount of interest exceeds $100.00 per year, that entire amount shall belong to the applicant and shall be refunded to him by the Township annually or at the time the deposit is repaid or applied to the purposes for which it was deposited, as the case may be, except that the Township may retain 33 1/3% of such interest for administrative and custodial expenses.
Resubmission or revision of any application. The provisions of this chapter shall be applicable to any resubmission or revision of a development application. The application fee, review escrow deposit and inspection escrow deposit required by this chapter shall, therefore, be the same for a resubmission or revision of a development plan or application as for a new application which shall be in addition to the amounts paid or owed for the original application and for any previous resubmissions or revisions. New application fees and escrow 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 for any revision not involving any additional cost of review by professional personnel or hearing expenses.
Editor's Note: This ordinance also provided for an effective date of 1-1-2011 in regard to the fee changes for Ch. 84.
Editor's Note: The fee for tax map copying, which followed, was repealed 10-13-2010 by Ord. No. 4-2010; and the fee for a property information sheet, which followed, was repealed 4-12-2005 by Ord. No. 6-2005.
Editor's Note: This ordinance also provided for an effective date of 1-1-2011 in regard to the fee changes for certified copies.