[Amended 4-20-2005 by Ord. No. 924-05; 6-16-2010 by Ord. No.
1015-10; 8-17-2011 by Ord. No. 1038-11]
Fees for applications or for the rendering of
any services by the Planning Board or Zoning Board of Adjustment or
any member of their administrative staffs which are not otherwise
provided by this chapter may be provided for and adopted as part of
the rules of the Board, and copies of said rules or of the separate
fee schedule shall be available to the public.
A. General.
(1) Every application for development shall be accompanied
by a payment of a fee in accordance with a schedule hereinafter set
forth. The application charge is a flat fee to cover direct administrative
expenses and is not refundable.
(2) Where one application for development includes several
approval requests, the sum of the individual required fees shall be
paid.
(3) No fees shall be returned to the applicant after public
hearing has commenced.
(4) If any applicant desires a court reporter, the cost
of taking testimony and transcribing it and providing a copy of the
transcript for the Board hearing the application shall be at the expense
of the applicant, who shall arrange for the reporter's attendance.
(5) Schedule of fees to be paid at the time of the filing
of the application:
[Amended 12-16-2020 by Ord. No. 1172-20]
|
Description/Application
|
Fee
|
---|
|
Secretary/administrative fee (all applications
except single-family owner-occupied dwellings)
|
$100
|
|
Use in accordance with N.J.S.A. 40:55D-10(d)
|
$400 plus secretary fee
|
|
Interpretation in accordance with N.J.S.A. 40:55D-70(c)
|
$400 plus secretary fee
|
|
All other variances, appeals, conditional uses,
amendments or applications to the Zoning Board
|
$200 plus secretary fee
|
|
Notwithstanding the above, any variance applications
other than use, conditional use or interpretations that pertain to
single-family owner-occupied residences shall have a $150 filing fee
and no secretarial/administrative fees shall be charged
|
|
|
Resolution preparation fee - Board Attorney
|
$375*
|
|
PLANNING BOARD
|
|
Description/Application
|
Fee
|
|
Secretary/administrative fee (all applicants
except single-family owner-occupied dwellings)
|
$100
|
|
Minor site plan approval, tenant review (§ 185-104)
|
$200 plus secretary fee
|
|
Minor subdivision (two lots)
|
$200 plus secretary fee
|
|
Major subdivision (more than two lots)
|
$400 plus secretary fee
|
|
Site plan approval
|
$200 plus secretary fee
|
|
All other appeals, interpretations, preliminary
plans, concept review, amendments or other applications to the Planning
Board
|
$200 plus secretary fee
|
|
Resolution preparation fee - Board Attorney
|
$375*
|
*This is a minimum resolution preparation fee for all applications other than change in tenancy applications as set forth in §
185-49A(1)(a). If the actual fee exceeds this amount it shall be charged against the applicant's professional escrow deposit.
B. Resolution, publication and copy fees. In addition
to application fees, applicants or appellants to the Planning Board,
Zoning Board of Adjustment or Township Committee shall pay the following
fees:
(1) Copy of decision (resolution) per page or part thereof:
$1.
(2) Publication in newspaper of notice of hearing and
notice of final decision: cost of publication.
(3) Copies of minutes of meetings, per page or part thereof:
$1.
(4) Copies of rules and regulations, per page or part
thereof: $1.
(5) Copies of transcript or duplicate of recording of
proceedings: cost.
(6) Copies of notices of all meetings, annual fee: $20.
C. Inspection fees.
(1) In addition to the fees set forth for the review of
subdivision plans and site plans, there shall also be an inspection
fee of 2.5% of the estimated cost of improvements on site plans and
an inspection fee of 5% of the estimated cost of the improvements
for subdivision as estimated by the Township Engineer and payable
at the time of the commencement of construction. This charge shall
be for the purpose of defraying the costs of inspections of the installation
of the improvements required by the Planning Board.
(2) All permits, determinations, resolutions or certificates
of approval are subject to the payment of all fees required in this
section.
(3) All applicants or appellants other than a department,
board or agency of the Township shall pay the applicable fees unless
such fee is specifically waived by the Township Council. Such waivers
shall only be considered for nonprofit organizations.
D. Special meetings.
(1) In the event that any development application requires
more than two hearings or should an applicant request and be granted
a special meeting date, the Board shall charge the applicant a special
meeting fee in the amount of $1,000 plus an amount equal to the fee
or fees which the Board pays to its attorney, secretary and other
professional advisors who attend the meeting. The cost of these services
shall be charged against the initial deposit and such other additional
deposit posted by the applicant.
(2) In the event that a development application requires
more than two (2) regular meetings, the Board, at its discretion,
may hold a special meeting in order to complete the application.
In addition to the filing fees and any other
fees or payments required by this chapter, the applicant for any development
application, appeal or other matter pursuant to this chapter shall
be responsible to reimburse the Township for payments made to professionals
for services rendered to the Township related to such application,
appeal or other matter. The following provisions shall apply to such
payments:
A. Initial deposits for professional services. The following
escrow fees shall be collected by the Secretary at the time of the
filing of the application. These fees are to be applied for the review
of applications by the professional staff/consultants and shall include
all office review, phone correspondence, preparation of reports, conferences,
appearance at meetings or other purposes under the provisions of this
chapter or the Municipal Land Use Law. For purposes of this section,
professional staff shall include the Township Attorney, Township Planner
and Township Engineer and such other professionals as may be deemed
necessary by the Planning Board or the Zoning Board of Adjustment
to review an application. Deposits shall be paid by personal check,
certified check, cashier's check or bank money order. In the case
of proposals requiring a combination of approvals, such as subdivision,
site plan and/or variance(s), the applicant shall deposit an amount
equal to the sum of the deposits required for each application. In
the event that there is no new schedule of fees filed by the professionals,
the schedule previously filed by the professional shall prevail.
[Amended 6-16-2010 by Ord. No. 1015-10; 8-17-2011 by Ord. No.
1038-11]
(1) Professional
escrow for applications before the Planning Board:
[Added 4-22-2020 by Ord. No. 1164-20]
(a) Applications for change in tenancy: $300.
(b) All other applications: $5,000.
(c) Residential applications. In the event that professional services
are required, including services of the Board Engineer, the applicant
shall post an escrow in the amount of $1,000 prior to the performance
of any such services by the Board professionals.
[Added 12-16-2020 by Ord. No. 1172-20]
(2) Applications
before the Zoning Board of Adjustments.
[Added 4-22-2020 by Ord. No. 1164-20]
(a) All commercial applications: $10,000. NOTE: Zoning Board, in consultations
with the Zoning Board Attorney, Board Engineer and Building Department,
may reduce this initial escrow amount to not less than $5,000 based
upon a review of the application and other submissions by the applicant.
(b) Residential applications. In the event that professional services
are required, including services of the Board Engineer, the applicant
shall post an escrow in the amount of $1,000 prior to the performance
of any such services by the Board professionals.
[Added 12-16-2020 by Ord. No. 1172-20]
B. Subsequent deposits for professional services. In
the event that the amount in the individual account for professional
services should become depleted to less than 25% of the initial deposit
required by this chapter and if the Secretary determines that additional
funds are necessary to cover the cost of processing said application,
the Secretary shall notify the applicant immediately of such depletion.
Upon receiving such notice, the applicant shall deposit additional
funds as necessary to make the amount in the account not less than
50% of the initial deposit required by this chapter for professional
services.
C. Failure to maintain deposit for professional services.
If the required funds for professional services are not deposited
in a timely manner, the Secretary shall notify the Township agency
having jurisdiction over the application and shall send copies of
said notification to the Township Finance Director. Upon receipt of
the copy of notification, the Finance Officer shall immediately inform
the Township Committee of said notification. No further action shall
be taken on the application unless the deposits have been made by
the applicant as required above. In the event that the time for action
by a Township agency as required by this chapter shall expire prior
to the payment of the required deposits, the reviewing agency shall
have the option of dismissing the application.
D. Vouchers for payment of professional services. All
payments charged to a deposit required by this section shall be made
pursuant to written monthly vouchers for each application from the
professional(s) stating the hours spent, the hourly rate and the expenses
incurred. The Township shall render a written final accounting to
the applicant on the uses to which the deposit was put.
E. Procedure for payment of vouchers; appeals of charges.
The following procedure shall apply to the payment of vouchers for
professional services pursuant to this section:
(1) Upon receipt of any vouchers for payment of professional
services, the Secretary shall submit a copy of said voucher to the
applicant.
(2) Within 14 days of the mailing of said vouchers, the
applicant may request in writing a hearing on the reasonableness of
the charges contained in said vouchers. Any such hearing shall be
held by the Township agency with jurisdiction over the application.
(3) In the event the applicant requests such hearing,
no payments shall be made pursuant to the disputed voucher(s) until
the Township agency shall have ruled on the appeal. If the Township
agency find in favor of the applicant, payment pursuant to said voucher(s)
shall be adjusted accordingly.
(4) All vouchers for payment of professional services
pursuant to this section shall be submitted to the Township agency
for whom the services were performed. The Township agency shall at
a public hearing approve or deny payment of the vouchers. No voucher
shall be denied payment without giving the professional submitting
the voucher an opportunity to be heard concerning the reasonableness
of said voucher.
(5) If no hearing is requested as outlined above or if
the Township agency finds in favor of the professional, payment shall
be made pursuant to the voucher.
(6) If approved by the Township agency, the voucher shall
be directed to the Township Finance Director for reimbursement to
the professional for services rendered.
F. Unpaid fees establishes liens. Any professional or
consultant fees incurred as part of site plan or subdivision approval
shall become a lien upon the subject property and shall remain as
such until paid directly or satisfied by payment from escrow accounts.
Any professional or consultant vouchers which remain unpaid for 30
days or which cannot be satisfied from existing escrow accounts shall
be certified by the Administrator to the Township Assessor and Tax
Collector. The sums shall be levied and collected at the same time
and in the same manner as Township taxes. All such moneys received
by the collector shall be paid over to the Administrator to be applied
only to the purposes for which they were levied.
G. In addition
to the lien described in the preceding subsection, in the event that
any escrows, professional fees of other fees charged are unpaid as
of the date on which any approval resolution is scheduled for memorialization,
the Board shall postpone memorialization of the approval resolution
until such time as all fees are paid. The payment of any and all outstanding
professional fees and escrows shall also be a condition which must
be satisfied prior to the issuance of any final certificate of occupancy
or closure of any open permits in connection with the subject property.
[Added 12-16-2020 by Ord. No. 1172-20]