This article shall provide for the establishment of a fee schedule for the payment of fees for the review and administration of land development applications submitted to the Township pursuant to the Township of Pohatcong land use regulations. All types of applications as listed in the Fee Schedule below must be accompanied, at the time of submission of the application, by the fees and escrow amounts set forth in the schedule.
A. 
The fees and escrow amounts shall consist of the sum of the following
(1) 
An administrative fee (application fee) which is charged to the applicant to cover the costs associated with the clerical processing of the application, which fee shall be nonrefundable, and which shall be deposited into the Township's general fund account and
(2) 
A professional review escrow amount which shall be deposited into the professional review escrow account, maintained by the Chief Financial Officer of the Township.
B. 
Application fees and professional review escrow account fees shall be paid by separate checks in order to facilitate the administration of the same.
C. 
The deposit required of the applicant and deposited into the professional review escrow account shall cover the costs associated with the required review of the application by the Planning Board or Zoning Board of Adjustment's engineer, planner or attorney, and for such other professionals as the Planning Board or Zoning Board of Adjustment may reasonably require, which review may include a written report on the application to be submitted to the Board.
D. 
Prior to withdrawing moneys from the professional review escrow account, each professional engaged by the Board shall submit a detailed invoice to the Board Chairperson for approval.
E. 
Following completion of administration of the application, including the determination that the conditions attending thereto, if any, have been satisfied, any unused funds deposited by an applicant into the professional review escrow account shall be refunded to the applicant simultaneously with payment of the invoice of the Board's professionals(s).
F. 
The fee schedule shall be as follows:
FEE SCHEDULE
Type of Development Application
Application Fee
Professional Review Escrow
1.
Concept review
Small-scale development less than 10 acres
$350
$500
Large-scale development over 10 acres
$500
$1,000
2.
Minor subdivision
$300
$1,000
3.
Preliminary major subdivision
4 to 10 lots
$750 + $25 per lot
$1,000 + $250 per lot
11 to 50 lots
$1,500 + $25 per lot
$1,000 + $225 per lot
51 to 250 lots
$2,000 + $25 per lot
$1,000 + $200 per lot
Over 250 lots
$2,500 + $25 per lot
$1,000 + $175 per lot
4.
Final major subdivision
$250 + $25 per lot
$250 + $50 per lot
5.
Minor site plan
$300
$1,000
6.
Preliminary site plan
Residential:
1 to 10 dwelling units
$750 + $25 per unit
$1,000 + $250 per unit
11 to 50 dwelling units
$1,500 + $25 per unit
$1,000 + $225 per unit
51 to 250 dwelling units
$2,000 + $25 per unit
$1,000 + $200 per unit
Over 250 dwelling units
$2,500 + $25 per unit
$1,000 + $175 per unit
Nonresidential:
0 to 10,000 sf. building area
$1,500 + $25 per 1,000 sf.
$4,000 + $200 per 1,000 sf.
10,001 to 50,000 sf. building area
$2,000 + $25 per 1,000 sf.
$4,000 + $175 per 1,000 sf.
Over 50,000 sf. building area
$2,500 + $25 per 1,000 sf.
$4,000 + $150 per 1,000 sf.
Wireless communication towers and antennas:
With new tower
$10,000
$5,000
Without new tower
$5,000
$2,500
7.
Final site plan
Residential
$500
$250 + $50 per unit
Nonresidential
$750
$250 + $50 per 1,000 sf.
8.
General development plan
$3,000
$15,000
9.
Critical geologic areas
Phase I submittal
$500
$1,500 + $20 per acre in CAD
Phase II submittal
$500
$5,000 + $100 per acre in CRD
10.
Environmental impact statement
Residential
$1,000 + $100 per unit
Nonresidential
$1,000+ $250 per acre
11.
Driveways
[Amended 10-19-2004 by Ord. No. 04-32; 10-18-2005 by Ord. No. 05-26]
Modified driveway
$25
Not required
All other driveways
$750
Not required
12.
Sanitary sewer connection permit
$3,000 per EDU
13.
Sanitary sewer allocation permit
One existing single-family lot
$250
All other applications
50% of sanitary sewer connection permit fee1
$250 for first EDU + 100 for each additional EDU
14.
Soil disturbance
[Amended 4-11-2000 by Ord. No. 00-13]
$500 plus $0.05 per cubic yard2
$2,500
15.
Street openings
0 to 50 sf.
$50
$750 per day3
51 to 300 sf.
$300
$750 per day3
Over 300 sf.
$500
$750 per day3
16.
Quarrying
$7504
$1,500 or $5,0004
17.
Application for rezoning of a tract or parcel
$750
$3,000
18.
Zoning variances and appeals
Planning permits (N.J.S.A. 40:55D-34 and 40:55D-35)
$500
$1,500
Conditional uses (N.J.S.A. 40:55D-67)
$350
$1,000
Appeals to the Board of Adjustment (N.J.S.A. 40:55D-70a)
$350
$500
Interpretation by the Board of Adjustment (N.J.S.A. 40:55D-70b)
$350
$500
Bulk variances (N.J.S.A. 40:55D-70c)5
$350
$500
Use variance (N.J.S.A. 40:55D-70d)
$500
$1,000
19.
Special meeting of the Planning Board or meeting with professionals
$250
$1,500
20.
Sign permits
[Added 5-17-2005 by Ord. No. 05-8]
$3 per square foot of sign area with a minimum of $25
Not required
21.
Temporary storage
[Added 6-5-2007 by Ord. No. 07-7[1]]
Containers
$1,0006
$1,000
Trailers
$2,0006
$1,000
22.
Zoning permits
[Added 9-20-2005 by Ord. No. 05-18]
$25
Not required
23.
Flood damage prevention
[Added 12-18-2007 by Ord. No. 07-21]
$50
$750
24.
Billboards
[Added 5-18-2010 by Ord. No. 10-7]
$5,000
$5,000
NOTES:
1
The sanitary sewer allocation fee shall be credited against the sewer connection fee when the sewer connection application is made. The sanitary sewer allocation fee shall not be refunded if the applicant does not go forward with the sewer connection.
2
Based upon volume of material moved, but in no case shall the fee be less than $300.
3
The contractor shall provide an estimate of the number of days to complete the work. Time may be broken down into one-half-day increments.
4
Fees are annual except that the initial escrow deposit for a new operation shall be $5,000. After the initial review the annual escrow deposit is $1,500.
5
Where more than one bulk variance is requested the above stated fee shall include all variances.
6
Annual fee per storage container or trailer.
[1]
Editor’s Note: This ordinance also provided that existing Type of Development Application No. 21, Zoning permits, be renumbered as No. 22.
During administration of land use applications, if it appears that the actual costs incurred by the Township in administrative review response to the application submitted exceed, or are anticipated to exceed the balance of funds on deposit in the professional review escrow account, the applicant shall be so notified, in writing, by either the Chief Financial Officer of the Township or the Secretary to the Land Use Board before which said application is pending, whereupon the applicant shall be required to pay such additional amounts as are reasonably anticipated to be sufficient for the purposes of completing the administration of the application. Failure of the applicant to remit the additional required deposit within 15 days of the date of the written request to do so shall render the application incomplete, and no further proceedings or actions shall be taken thereon by either the Planning Board or Zoning Board of Adjustment until there shall be compliance with the request.
A. 
Engineering inspection fees for site improvements undertaken pursuant to approved subdivisions or site plans are limited, except in extraordinary circumstances, to the greater of $500 or 5% of the estimated cost of the improvements, which costs shall be determined by the Township Engineer, based upon documented construction costs for public improvements prevailing in the general area of the Township.
B. 
"Extraordinary circumstances" shall be deemed to mean those circumstances attending the undertaking and completion of improvements to a site which is the subject of an approved subdivision or site plan which include, but are not limited to an unusually protracted schedule or duration of completion of improvements; excessive delays between construction activities requiring inspections; and unusual number of delays or interruptions in the construction schedule; construction not in accordance with applicable requirements requiring replacement or reconstruction of unsatisfactory items; failure of the developer or his contractor to provide adequate advance notice to the Township Engineer of the scheduling of the construction of improvements; construction work not taking place as scheduled as noticed to the Township Engineer; and other types of delays in completing the sequence of construction resulting in additional site inspections by the Township Engineer beyond what would normally be expected.
If at the conclusion of administration of a particular land development application, the funds remaining on deposit in the professional review escrow account to the credit of the applicant are not adequate to pay the amount of outstanding vouchers for professional services rendered in administrative review response to the application and the applicant has refused or neglected to pay such additional amounts due, for a period of 90 days from the date of a written request to do so, the Chief Financial Officer of the Township shall be authorized to pay such vouchers out the general fund, whereupon the Township Attorney shall be authorized to institute legal proceedings against the applicant for collection of such funds.
A. 
Special professional meeting. Any applicant for development may request that a special meeting be scheduled between the applicant and its professionals and the Board's engineer, planner or attorney. Such meeting shall be scheduled upon request of the applicant and at the discretion of the Chairperson of the Board attorney. If the request is directed to one of the Board's professionals, the professional shall notify the Chairperson, in writing, of the time and place of the meeting.
B. 
Special Planning Board or Zoning Board of Adjustment meeting. Any applicant may request that a special meeting of a Board be scheduled and devoted exclusively to a single application. Such meeting shall be scheduled upon request of the applicant and at the discretion of the Board Chairperson.
C. 
Special meetings as defined above shall be of no more than three-hour duration. The applicant shall post the required fee as defined in § 45-38F into the professional review escrow account for such meeting prior to or at the commencement of the meeting. The time of the Board's professionals required to prepare for, attend, and follow up after such special meeting shall be charged against the applicant's professional review escrow account. If such a meeting shall, by agreement of the Board and the applicant, extend beyond the three-hour meeting time allotted, the applicant shall deposit any additional funds into the professional review escrow account which may be required to cover the costs of the additional time expended by the Board's professionals for such an extended meeting. All such additional amounts shall be paid by the applicant promptly after the meeting.
A. 
The charges for services of the Board engineer, attorney and planning consultant for attendance at Board meetings are rendered in administrative review response to an applicant or application for development on the Board agenda, shall be apportioned on a pro rata time basis to each applicant or application appearing on the agenda of any such meeting and the professional services vouchers rendered by each such Board professional shall be itemized and apportioned to each separate matter appearing on the agenda.
B. 
The charges apportioned to an applicant or development application shall be charged against the professional review escrow account required to be posted by the applicant.
C. 
Charges for professional services rendered to the Board for attendance at all regular and special meetings, or any portion thereof, and all other professional services which do not relate directly to an applicant or development application shall be charged against and paid from the Township general fund with funds budgeted by the Planning Board or Zoning Board of Adjustment.
In the event that either the Planning Board or Zoning Board of Adjustment deems it advisable or necessary to engage the services of professional consultants other than the Planning Board or Zoning Board of Adjustment engineer, attorney or planner to assist either the Planning Board or Zoning Board of Adjustment in the review and administration of a land use application or to render reports, advice and recommendations with respect thereto, the Board reviewing such land use application shall make the determination as to its intention to engage the services of such consultant and shall so advise the applicant in writing. The Board shall obtain from such professional consultant an estimate of the cost of the services to be rendered and the applicant shall be so advised, whereupon the applicant shall be required to post with the Secretary of the Board funds in the amount of such estimate which shall be deposited in the developer's professional review escrow account. In the event that the applicant fails to deposit the estimated funds, the application shall be deemed to be incomplete at that point and the applicant shall be so advised in writing and no further proceedings or action shall be taken by the Board until such additional funds have been deposited.
The fees set forth in the aforementioned schedules are exclusive of any other charges which may be required by the Township to cover the costs of furnishing copies, ordinances, list of property owners, transcripts or the inspection of buildings or improvements in conjunction with the issuance of construction permits or occupancy permits.
In the event that any fees paid by an applicant into the professional review escrow account shall exceed $5,000, such applicant's account shall be placed into an interest-bearing trust account in conformance with the requirements of N.J.S.A. 40-55D-53.1. The applicant shall be notified, in writing, of the institution in which the deposit has been made and the amount of such deposit. Any interest earned on the account shall be applied in accordance with the provisions of N.J.S.A. 40:55D-53.1 The Township shall maintain records of all fees paid in accordance with generally accepted accounting principles.
A. 
The Township shall make all payments to professionals for services rendered to the Township for review of applications for development, review and preparation of documents, inspection of improvements and all other purposes enabled under the provisions of N.J.S.A. 40:55D-1 et seq. All deposits required of a developer for anticipated expenses for such professional services shall be placed in an escrow account subject to administration and the provisions of N.J.S.A. 40:55D-53.1.
B. 
All payments charged to such escrow account shall be made pursuant to vouchers from the professionals rendering services thereto, which shall state the hours devoted to the service, the hourly rate and any expenses incurred.
C. 
The Township shall render a written final accounting to the applicant for development on the uses to which the escrow deposit was put. Thereafter the Township shall, upon written request from a developer, provide copies of the vouchers to that developer.
D. 
For all professionals, other than those whose salary, staff support and overhead are provided by the Township, the charge to the escrow account shall be at the same rate and in the same manner as for all other work of the same nature by the professional employed by the Township.