[Amended 6-13-2001 by Ord. No. 13-2001]
The payment of the following fees shall be required for the issuance of the permits specified in Subsections A through P, and the payment of the application fees shall be required for various categories of applications for development specified therein. The application and permit fees shall be paid by the applicant in the form of cash, money order, certified check or bank check at the time of the submission of the application to the Land Use Office. Applications requiring a combination of approvals such as subdivision, site plan and/or variance shall pay an application fee equal to the sum of the fee for each such approval required. The application fees specified herein are charged to cover the general administrative costs incurred by the Township in connection with such applications or permits. Escrow funds required to be deposited for professional services are in addition to the required application fees and are governed by § 140-59 hereof.
A.
Bulk variances: $300 for the first variance plus $50
per additional variance per lot; appeals and interpretations (N.J.S.A.
40:55D-70a, b and c): $300.
B.
Use variances. The fees for use variances (N.J.S.A.
40:55D-70D) are: $300 per use variance request for single- and two-family
uses; $600 per request for multifamily uses and $600 per request for
nonresidential uses.
C.
Conditional use variances. The fees for conditional
use variances (N.J.S.A. 40:55D-67) are $300 per conditional use request.
D.
Subdivision applications. The fees for subdivision
applications are:
(1)
Minor subdivision applications and sketch plat classification
applications: $300 per application;
(2)
Preliminary and major subdivision applications: $350
plus $45 per lot;
(3)
Final major subdivision applications: $300 plus $40
per lot; and
(4)
No fee is required for subdivisions of public property.
F.
Certified list. The fee for a certified list is $10.
G.
Special meetings. Special meeting for either board
requested by an applicant: $3,500.
[Amended 2-12-2003 by Ord. No. 2-2003]
H.
Tree removal permit. Tree removal permit application:
$250 except that applications submitted as part of a major subdivision
or site plan shall not require a fee.
I.
Fire Prevention Bureau review. By separate check addressed
to the Wall Township Fire Prevention Bureau for all major subdivisions
and site plans: $100.
J.
Zone changes. Zone change requests: $250 for each
request.
K.
Tax Map revisions. A fee of $50 plus $5 per lot or
unit shall be submitted for all minor subdivisions, major subdivisions,
residential unit site plans, and condominium or cooperative residential
or commercial development to cover the cost of revising the Township
Tax Map. This fee shall be paid prior to the signing of any final
map.
L.
Requests for reapproval or extension of time: $250
per request.
M.
Subdivision certificate of approval. Certificate as
to the approval of subdivision of land: $50 per lot.
N.
Certificate of preexisting use: $50 per use.
O.
Transfer permit: $50.
P.
Zoning or development permits.
(1)
Permit fees.
(a)
Residential, new home townhouse building, apartment
building: $100;
(b)
Residential property additions: $30;
(c)
Nonresidential related to approving authority
resolution: $350;
(d)
Nonresidential other: $40; and
(e)
Administrative revision or minor site plan:
$750.
[Amended 8-8-2012 by Ord. No. 10-2012]
[Amended 3-27-2013 by Ord. No. 7-2013]
A.
All charitable,
philanthropic, fraternal and religious nonprofit organizations, holding
a tax exempt status under the Federal Internal Revenue Code of 1954
[26 U.S.C.§ 501(c) or (d)], who are lessees of property
owned by the Township of Wall, shall be exempt from the payment of
fees or deposits as required by the Planning Board and Board of Adjustment
for any application pertaining to such leased property.
B.
Fee exemption for disabled person or parent or sibling of disabled
person.
(1)
No person shall be charged a zoning permit fee for any construction,
reconstruction, alteration or improvement designed and undertaken
solely to promote accessibility by the disabled to an existing public
or private structure or any facilities contained therein.
(2)
A disabled person, or parent, sibling or adult child of a disabled
person, shall not be required to pay any Township zoning permit fee
or charge in order to secure a zoning permit for any construction,
reconstruction, alteration or improvement which promotes accessibility
to a disabled person's own living unit.
(3)
For the purposes of this chapter, "disabled person" means a person
who has the total and permanent inability to engage in any substantial
gainful activity by reason of any medically determinable physical
or mental impairment, including blindness. The definition of "disabled
person" shall include but not be limited to, any resident of this
state who is disabled pursuant to the federal Social Security Act
(42 U.S.C. § 416) or federal Railroad Retirement Act of
1974 (45 U.S.C. § 231 et seq.) or is rated as having a sixty-percent
or higher disability pursuant to any federal law administered by the
United States Veterans Act. For purposes of this chapter, "blindness"
means central visual acuity of 20/200 or less in the better eye with
the use of a corrective lens. An eye which is accompanied by a limitation
in the field of vision such that the widest diameter of the visual
field subtends an angle no greater than 20º shall be considered
as having a central visual acuity of 20/200 or less. Proof of disability
acceptable to the Township shall be required for a fee exemption.
C.
Fee exemption for senior citizen.
(1)
The Township shall exempt the first $250 in zoning permit fees unless
approvals are required from the Township Planning Board or Board of
Adjustment. Exemptions shall only be granted in connection with a
residential property. The total sum waived hereunder shall not exceed
$250 for any given property in any twelve-month period.
(2)
All exemptions as described herein shall be in conformance with the
following:
(a)
A person applying for a fee exemption shall be 62 years old
or older at the time of the application. A valid driver's license,
valid passport, or birth or baptismal certificate shall be provided
as proof of age.
(b)
All exemption requests as noted herein shall be made at the
time of a zoning permit application.
(c)
An exemption applicant must be 62 years or older, a current
resident of the Township for at least one year and be at least a fifty-percent
owner/occupant of the property for which an exemption is requested.
All claims of ownership for the purpose of exemption qualification
shall match the deed on file in the Township Tax Assessor's office.
The property must also be the primary residence of the applicant seeking
an exemption as evidenced by the address on a valid driver's license,
current utility bill or current bank statement. The word "current"
as used above shall mean within three months of the exemption request.
(d)
All applications for a fee exemption shall be made by the individual
owner(s) of the residential property, and no corporations, partnerships,
estates or other forms of ownership shall be eligible for an exemption
herein.
(e)
No exemption shall be issued unless all real property taxes
of the applicant are current and all other outstanding amounts due
to the Township, including but not limited to fines, fees, and utility
bills, are paid in full.
(f)
Should any property owner receive an exemption hereunder and
convey the subject property to any other party, regardless of age,
within one year of the exemption, the conveyer shall reimburse the
Township the full amount of the exemption prior to the release of
a Fire Prevention Bureau smoke detector/carbon monoxide certificate.
Such reimbursement shall not be required when the sale or transfer
of the property is the result of the death of the qualifying property
owner.
(g)
Nothing herein shall create any other exemption whatsoever in
relation to a Township Planning Board or Board of Adjustment application.
Any exemption as noted herein shall not include an exemption for any
other monetary amount, including but not limited to any rate, fee,
fine, bond, penalty enforcement amount, or surety bond guaranteeing
faithful performance/payment as may be required and/or due the Township
or any other law.
The Township of Wall and its departments and
commissions shall be exempt from the payment of fees as required by
the Planning Board and the Board of Adjustment as to all properties
owned by the Township of Wall and used for municipal purposes.
A.
General.
(1)
In addition to the submission of application filing
fees (which are charged to cover general Township administrative costs),
as set forth hereinbefore development applications which meet the
criteria established herein shall be accompanied by a deposit of escrow
funds in accordance with the provisions of this section.
(2)
Said escrow funds shall be utilized to cover the cost
to the Township of professional services rendered to the Township
for review of applications for development, review and preparation
of documents, and inspections of developments under construction,
and review by outside consultants when an application is of a nature
beyond the scope of the expertise of the professionals normally utilized
by the Township. Professional fees and salaries incurred in connection
with the review of an application, plans, consultation, site inspections,
written reports, resolution preparation, meeting attendance, general
preparation, research, testimony, and other work performed by the
Township Planner, Township or Board Attorneys, Township Engineer,
the consulting planner, and any other professional consulting services
such as a professional traffic consultant, that may be required due
to the nature of the application shall be paid from the escrow funds.
Escrow funds deposited with the Township as provided for in this section
shall not be utilized to pay inspection costs required during the
construction process.
B.
Escrow amounts. The applicant shall, at the time of
filing an application, deposit with the Township in the form of a
certified or bank check, cash or money order, the amount prescribed
herein. The deposit shall be placed into an escrow account pursuant
to N.J.S.A. 40:55D-53.1.
[Amended 6-13-2001 by Ord. No. 23-2001; 2-12-2003 by Ord. No. 2-2003]
(1)
Bulk variances: No deposit required.
(2)
Appeals and interpretations: $750 per appeal or interpretation.
(4)
Conditional use: $1,000.
(5)
Subdivision minor/sketch plat: $3,500; preliminary:
$4,000 plus $100 per lot; final: $2,500 plus $75 per lot.
(7)
Waiver request: $500.
(8)
Informal hearing (minor subdivision): $250 per meeting.
(9)
Informal hering (other): $500 per meeting.
(10)
Informal review of conceptual plans: $250.
(11)
Requests for administrative approval of changes:
$250.
(12)
Requests for extensions of time to commence
development or file subdivision maps: $500.
(13)
Any application involving more than one of the
above categories shall require a deposit of cumulative amounts.
C.
Procedural requirements.
(1)
All required initial escrow deposits shall be made
at the time of a filing of an application. No meeting or hearing with
the applicant shall be held by a board until all escrow funds and
required fees have been deposited in accordance with this section.
All deposits of escrow funds shall be made to the Township Land Use
Officer.
(2)
Additional escrow funds may be required of the applicant
when the escrow has been depleted to 25% of the original escrow amount.
The Land Use Officer shall notify the Chief Financial Officer when
the escrow funds have been depleted in the aforementioned amount.
The Chief Financial Officer shall provide the applicant with a notice
of insufficient escrow or deposit balance. In order for work to continue
on the development or the application, the applicant shall, within
a twenty-one-day period from date of notification period post a deposit
to the account in an amount to be agreed upon by the Township and
the applicant. In the interim, any required health and safety inspections
shall be made and charged back against the replenishment of funds.
(3)
Deposits received from any developer pursuant to this
section shall be deposited in a banking institution or savings and
loan association in this state insured by an agency of the federal
government, or in any other fund or depository approved for such deposits
by the state, in an account bearing interest at the minimum rate currently
paid by the institution or depository on time or saving deposits.
The Township shall notify the applicant in writing of the name and
address of the institution or depository in which the deposit is made
and the amount of the deposit. The Township 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, that entire
amount shall belong to the developer 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 for administrative expenses a sum equivalent
to not more than 33 1/3% of that entire amount, which shall be in
lieu of all other administrative and custodial expenses pertaining
to the escrow account.
(4)
The Chief Financial Office of the Township shall make
all of the payments to professionals for services rendered to the
Township for review of applications for development, review and preparation
of documents, inspection of improvements or other purposes under the
provisions of the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
Such fees or charges shall be based upon a schedule established by
resolution or resolutions as adopted by the Township Committee for
professional services.
(5)
Escrow account deposits shall be placed in an interest-bearing
account and the same shall be administered in accordance with the
requirements of N.J.S.A. 40:55D-53.1.
(6)
All disbursements to consulting professionals, Township
consulting professionals and Township employed professionals for services
involved in processing an application which requires escrow account
deposits shall be charged against the escrow account.
(7)
The Chief Financial Officer shall prepare and send
to the applicant a statement which shall include an accounting of
funds listing all 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.
(8)
Each payment charged to the deposit for review of
the application, review and preparation of documents and inspection
of improvements shall be pursuant to a voucher from the professional.
Said voucher shall identify the personnel performing the service,
the date, the services performed, the hours spent to one-quarter-hour
increments, the hourly rate and the expenses incurred. All professionals
shall submit vouchers to the Chief Financial Officer of the Township
on a monthly basis in accordance with schedules and procedure established
by the Chief Financial Officer of the Township. If the services are
provided by a Township employee, the employee shall prepare and submit
to the Chief Financial Officer a statement containing the same information
as required on the voucher, on a monthly basis. The professional shall
send an informational copy of all vouchers or statements submitted
to the Chief Financial Officer of the Township simultaneously to the
applicant.
(9)
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 review by outside consultants when an application
is of a nature beyond the scope of the expertise of the professionals
normally utilized by the Township.
(10)
The only costs that shall be added to any such
charges shall be actual out-of-pocket expenses of any such professional
or consultants including normal and typical expenses incurred in processing
applications and inspecting improvements. The Township shall not bill
the applicant, or charge an escrow account or deposit, for any Township
clerical or administrative functions, overhead expenses, meeting room
charges, or any other costs and expenses, except as provided for in
this section, nor shall a Township professional add any such charges
to his bill.
(11)
A professional shall not review items which
are subject to approval by any state agency and not under municipal
jurisdiction except to the extent that consultation with a state agency
is necessary due to the effect of state approval of the subdivision
or site plan.
(12)
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 conditions of approval, or review of requests for
modifications or amendment made by the applicant.
(13)
If the Township retains a different professional
or consultant in the place of the professional originally responsible
for development application review or inspection of improvements,
the Township shall be responsible for all time and expenses of the
new professional to become familiar with the application or project
and shall not bill the applicant or charge the deposit or the escrow
account for any such services.
(14)
If the salary, staff support and overhead for
a Township professional are provided by the municipality, the charge
shall not exceed 200% of the sum of the product resulting from multiplying
the hourly base salary of the professional by the number of hours
spent by the respective professional upon review of the application
for development or inspection of the developer's improvements, as
the case may be. For other professionals the charge shall be at the
same rate as all other work of the same nature by the professional
for the municipality when fees are not reimbursed or otherwise imposed
on applicants or developers.
D.
Inspection fees.
(1)
Inspection fees shall be charged only for actual work
shown on a subdivision or site plan required by the Township. 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.
E.
Refund of monies in escrow account. The following
close out and refund procedure shall apply to all deposits and escrow
accounts established under the provisions of the Municipal Land Use
Law, N.J.S.A. 40:55D-1 et seq., and shall commence after the Township
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 finally approved, in the case of improvement
inspection escrows and deposits and the Township has further determined
that there is no longer any need to retain any escrow account:
(1)
The applicant shall send written notice by certified
mail to the Chief Financial Officer and to the relevant Township professional,
that the application or the improvements are completed.
(2)
After receipt of such notice, the professional shall
render a final bill to the Chief Financial Officer within 30 days
and shall send a copy simultaneously to the applicant.
(3)
The Chief Financial Officer shall render a written
final accounting to the applicant on the uses to which the escrow
account deposit was put within 45 days after the receipt of the final
bill.
(4)
Any balances remaining in the deposit or escrow account,
including interest in accordance with the requirements of N.J.S.A.
40:55D-53.1 shall be refunded to the developer along with the final
accounting.
(5)
In the event that an applicant requests a refund of
any balances remaining in a deposit or escrow account and it is necessary
for the Township to provide additional professional services or inspection
services relating to that development application, it will be necessary
for developer to post a new deposit or escrow amount pursuant to this
section as if it were a new development application.
F.
Dispute of charges.
(1)
An applicant shall notify in writing the Township
Committee with copies to the Chief Financial Officer, the approving
authority and the professional whenever the applicant disputes the
charges made by a professional for services rendered to the Township
in reviewing applications for development, review and preparation
of documents, inspection of improvements, or other charges made pursuant
to the provisions of P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.).
(2)
The Township Committee or its designee shall, within
a twenty-one-day period attempt to remediate any disputed charges.
In the event that the matter is not resolved to the satisfaction of
the applicant, the applicant may appeal, in writing, to the County
Construction Board of Appeals established under Section 9 of P.L.
1975, c. 217 (N.J.S.A. 52:27D-127).
(3)
An applicant filing an appeal shall simultaneously
send a copy to the Township, the approving agency, and any professional
whose charge is the subject of the appeal.
(4)
Any appeal shall be filed within 45 days from receipt
of the informational copy of the professional's voucher, except that
if the professional has not supplied the applicant with the 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.
A.
The developer shall reimburse the Township for all
reasonable inspection fees paid to the Township Engineer for the inspection
of improvements, provided that the Township shall require of the developer
a deposit for the inspection fees in an amount not to exceed, except
for extraordinary circumstances, the greater of $500 or 5% of the
cost of improvements. For those developments for which the reasonably
anticipated fees are less than $10,000, fees may, at the option of
the developer, be paid in two installments. The initial amount deposited
by a developer shall be 50% of the reasonably anticipated fees. When
the balance on deposit drops to 10% of the reasonably anticipated
fees because the amount deposited by the developer has been reduced
by the amount paid to the Township Engineer for inspection, the developer
shall deposit the remaining 50% of the anticipated inspection fees.
For those developments for which the reasonably anticipated fees are
$10,000 or greater, fees may, at the option of the developer, be paid
in four installments. The initial amount deposited by a developer
shall be 25% of the reasonably anticipated fees. When the balance
on deposit drops to 10% of the reasonably anticipated fees because
the amount deposited by the developer has been reduced by the amount
paid to the Township Engineer for inspection, the developer shall
make additional deposits of 25% of the reasonably anticipated fees.
The Township Engineer shall not perform any inspection if sufficient
funds to pay for those inspections are not on deposit.
B.
When notified of an account deficiency, the developer
shall, within five business days, reimburse the Township and deposit
funds sufficient to cover future reasonably anticipated inspection
expenses. Failure to accomplish reimbursement and a future deposit
against expenses shall cause the cessation of inspection by the Township
Engineer and of the issuance of permits and certificates by the Land
Use Office.
