Bloomfield City Zoning Code
ARTICLE VI
Fees and Deposits
§ 315-44 Fees and deposits.
Applications submitted to the Township of Bloomfield Planning Board or Zoning Board of Adjustment are subject to application and technical review fees as set forth herein.
§ 315-45 Definitions.
Unless specifically defined in this article, all terms are to be construed consistent with the definitions contained in the Municipal Land Use Law and this chapter.
§ 315-46 Application fees.
At the time of filing any application for development, or for any other relief, the applicant shall pay to the Township of Bloomfield an application fee or fees, in accordance with the schedule below.
A.
Applicants for (c) variances involving existing detached single- and two-family dwellings, but not involving a subdivision, shall pay only one application fee, which shall be either $150, $250 or $300, depending on the variance. All other applications for development, including the construction of one or more new single- or two-family dwellings or any application involving a (d) variance, shall be assessed the application fee required for each form of relief sought. Major subdivision fees shall be based on the number of lots created, including the existing lot.
B.
Any application withdrawn by the applicant prior to the commencement of the hearing on the application shall receive a refund of 75% of the application fee. Any application withdrawn after commencement of the hearing, or dismissed by the Board with or without prejudice shall forfeit the application fee.
Application Fees | Detached One- and Two-Family | Other | ||
|---|---|---|---|---|
1. | Informal reviews* | $100 | $150 | |
2. | Subdivisions | |||
a. | Minor subdivision plat, amended minor subdivision | $200 | $300 | |
b. | Preliminary major subdivision plat | $200 plus $50/lot | $200 plus $50/lot | |
c. | Final major subdivision plat | $250 plus $25/lot | $250 plus $25/lot | |
3. | Site plans | |||
a. | Minor site plan | N/A | $250 | |
b. | Preliminary major site plan | N/A | $250 plus $50 per unit for residential; the greater of $300 or $0.05 per square foot gross floor area plus $100 per acre for nonresidential | |
c. | Final major site plan | N/A | 1/2 preliminary fee | |
4. | Section 70 relief | |||
a. | Appeal from administrative officer decision (40:55D-70a) | $250 | $250 | |
b. | Interpretations (40:55D-70b) | $250 | $250 | |
c. | Bulk or "c" variances (per variance, unless a detached one- or two-family dwelling**) | $250 | $300 | |
d. | Use or other "d" variance (each) | $300 | $500 | |
e. | Submission of revision to pending application | One-quarter original application fee | ||
5. | Other | |||
a. | Conditional use approval | $200 | ||
b. | Certificate of nonconformity | $250 | ||
c. | Request for Master Plan amendment | $250 | ||
d. | Amendment to or extension of development approval; request for or recommendation of zone change | $250 | ||
e. | Zoning permit [Amended 2-2-2009 by Ord. No. 09-8] | $40 per permit | ||
f. | Special meeting fee | $1,500 per meeting | ||
NOTES: | |
|---|---|
* | Such fee to be a credit toward the fee for any future application for the same development proposal filed within one year of the date of the informal review meeting. |
** | If the proposed improvements involve only aboveground pools, uncovered decks and/or fences for one- or two-family detached dwellings, the application fee shall be $150. |
§ 315-47 Professional fees.
A.
Components of fee. In addition to the application fee(s), each applicant shall pay to the Township of Bloomfield professional fees. The professional fees shall be equal to the sum of the following two components:
(1)
The dollar amount of all charges by outside professionals for professional services rendered to the Township and/or the reviewing board in connection with the application, plus all actual out-of-pocket disbursements incurred in regard to such services. All charges for services by each outside professional shall be billed at the same rate as all other work of the same nature performed by such professional for the Township when fees are not reimbursed or otherwise imposed on an applicant. Charges for professional services of outside professionals shall be based upon a schedule of fees established by resolution of the reviewing board, in the case of professionals retained by the Board, and by resolution of the Township Council, in the case of professionals retained by the Township. Such schedules shall be subject to revision from time to time in the discretion of the Township Council; and
(2)
The dollar amount of the hourly base salary of each in-house professional who has rendered professional services to the Township and/or the reviewing board in connection with the application, multiplied by both a) the total number of hours of professional services spent by each in-house professional in connection with the application; and b) 200%. The hourly base salary of each in-house professional shall be established by ordinance annually.
B.
Definitions.
(1)
"Outside professionals" shall mean engineers, planners, attorneys and other professionals whose salary, staff support, and overhead are not provided by the Township of Bloomfield. Outside professionals shall also include consultants who are not normally utilized by the Township or the reviewing board unless an application presents issues that are beyond the scope of the expertise of the professionals who normally serve the reviewing board or the Township.
(a)
"In-house professional" shall mean engineers, planners, attorneys and other professionals whose salary, staff support and overhead are provided by the Township of Bloomfield.
(b)
Professional services shall mean time spent by a professional engineer, professional planner, attorney, traffic expert or other professional in connection with review of an application for completeness and content; review of plans, reports, relevant ordinance provisions, statutory law, case law, and prior approvals for the same parcel; site inspections; preparation of reports, resolutions, developer's agreements or other documents and necessary correspondence; and meetings or other communications with the applicant or applicant's professionals.
C.
Scope of charges.
(1)
All professional charges for review of an application for development, review and preparation of documents or inspections 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 the conditions of approval, or review of requests for modification or amendment made by the applicant.
(2)
A professional shall not review items which are subject to approval by a state governmental agency and which are not under municipal jurisdiction, except to the extent that consultation with a state agency is necessary due to the effect of a state approval on the applicant's application.
(3)
If the Township or the reviewing board shall retain a different professional in place of the professional originally responsible for review of an application, the Township or the reviewing board, as the case may be, shall be responsible for all time and expenses of the new professional to become familiar with the application. Neither the Township nor the reviewing board shall charge the applicant or the applicant's technical review fee deposit for such services.
(4)
Neither the Township nor the reviewing board shall bill an applicant, or charge the applicant's technical review fee deposit, for any municipal clerical or administrative functions, overhead expenses, meeting room charges, or other municipal costs and expenses, except as provided for in this subsection, nor shall any professional add any such charges to their bill.
§ 315-48 Payment of escrow fee deposits.
At the time of filing any application with the Planning Board or Board of Adjustment, each applicant shall pay an escrow deposit or deposits to cover the cost of the Board's professionals' review of the application and for inspections of improvements, in accordance with the terms set forth herein and the following schedule.
A.
Applicants for (c) variances involving existing detached single- and two-family dwellings, but not involving a subdivision, shall pay only one escrow. All other applications for development, including the construction of one or more new single- or two-family dwellings and any application involving a (d) variance, shall be assessed the escrow fee required for each form of relief sought. Subdivision escrows shall be based on the number of lots created, including the existing lot.
Application Type | Escrow Account Deposits | ||||
|---|---|---|---|---|---|
1. | Informal reviews | ||||
a. | One appearance without applicant's professionals | N/A | |||
b. | Each additional appearance and/or each appearance with applicant's professionals | $250 | |||
2. | Subdivisions | ||||
a. | Minor subdivision plat | $500 per lot | |||
b. | Preliminary major subdivision plat | $750 per lot | |||
c. | Final major subdivision plat | 1/2 the cost of preliminary | |||
d. | Amended minor, amended preliminary major and/or amended final major subdivision plat | 1/2 the cost of preliminary or final as the case may be | |||
e. | Request for reapproval or extension of time | $150 per lot; $350 minimum; $750 maximum | |||
3. | Site plans | ||||
a. | Minor site plan | $300 | |||
b. | Preliminary major site plan* | ||||
(1) | Nonresidential | ||||
A. | Building construction | $50 per 100 square foot gross floor area; $500 minimum | |||
B. | Parking lot construction not associated with construction of a building | $50 per parking space; $500 minimum | |||
(2) | Residential | $200 per unit | |||
c. | Final major site plan, amended final major site plan | 1/2 of preliminary | |||
d. | Amended minor, amended preliminary major site plan | 1/4 of original fee | |||
4. | Variances | ||||
a. | Appeals (40:55d-70a) | $750 | |||
b. | Interpretations (40:55d-70b) | $750 | |||
c. | Bulk or "c" variances | ||||
Detached 1- and 2-family residential | $400 (unless also involving a "d" variance, then per variance) | ||||
Townhouse and multifamily residential | $500 per variance | ||||
Nonresidential | $500 per variance | ||||
d. | Use or other "d" variances | ||||
Residential | |||||
Existing detached 1- and 2-family residential | $750 per variance | ||||
All other residential | $1,500 per variance | ||||
Nonresidential | $2,500 per variance | ||||
5. | Other | ||||
a. | Conditional use approval | $500 | |||
b. | Certificate of nonconformity | $500 | |||
c. | Request for Master Plan amendment | $300 | |||
d. | Amendment of development approval | $500 | |||
e. | Extension of development approval; request for or recommendation of zone change | $300 | |||
NOTES: | |
|---|---|
* | When no building improvements are proposed, the required escrow fee shall be per square foot of proposed lot improvements |
B.
Custody of deposits; procedure for payments against deposits; submission of vouchers; monthly statements.
(1)
All professional fee escrow deposits shall be placed into an escrow account, which account shall be maintained by the Chief Financial Officer of the Township of Bloomfield. The Chief Financial Officer shall make all payments from the escrow account.
(2)
All payments charged to an applicant's escrow account shall be pursuant to vouchers from the professionals performing professional services in connection with the application. All vouchers shall identify the professional performing the services, the dates when services were performed, the hours spent to 1/10 of an hour increments, the hourly rate, and the expenses incurred.
(3)
All outside professionals shall submit vouchers to the Chief Financial Officer on a monthly basis. The professional shall simultaneously send a copy of the voucher to the applicant and to the municipal agency for which the services were performed. All in-house professionals shall submit to the Chief Financial Officer on a monthly basis a statement containing the same information as the voucher of an outside professional. The professional shall simultaneously send a copy of the statement to the applicant.
(4)
The Chief Financial Officer or their designee shall prepare and send to the applicant on a monthly basis a statement providing an accounting of the applicant's escrow account. The accounting shall include all deposits made, interest earned, disbursements made, and cumulative deposit balance. Notwithstanding the foregoing, if monthly charges to an applicant's deposit are $1,000 or less, such statement may be provided by the Chief Financial Officer on a quarterly basis.
C.
Replenishing of deposit.
(1)
If an escrow deposit shall be insufficient to enable the Township or the reviewing board to perform required application reviews, the Chief Financial Officer or their designee shall notify the applicant (this notice is referred to herein as an "insufficiency notice") of both the insufficient deposit balance, and the amount of additional funds required, in the judgment of the Chief Financial Officer, to cure the insufficiency. Once an insufficiency notice has been sent, no further hearings on an application may be held and no permits shall be issued until the applicant deposits the full amount of the escrow fees requested by the Chief Financial Officer or their designee.
(2)
The Chief Financial Officer shall make the determination of insufficiency in their reasonable discretion. The applicant shall be deemed to agree to the terms of the insufficiency notice unless, within 15 days after the date of such notice, the applicant shall deliver to the Chief Financial Officer a written notice of objection.
(3)
If the applicant timely files such an objection, the applicant shall have the right to pay the amount requested under protest, and the right to challenge same in the Superior Court, Law Division, in an action in lieu of prerogative writs filed within 45 days after the applicant's receipt of the Chief Financial Officer's final accounting with respect to the applicant's escrow fee deposit.
(4)
If the applicant fails to timely pay (under protest or otherwise) the amount requested, the Township, the reviewing board, and all professionals shall have the right to cease all further work on the application immediately. The reviewing board shall have the right to deny without prejudice any pending application as a result of the applicant's failure to post additional escrow fees needed for the proper review of such application. In no event shall any approved plans be signed or delivered to the applicant, nor shall any construction permits, certificates of occupancy, or other approvals or authorizations be issued to an applicant, when there exists any deficiency in the applicant's technical review fee deposit.
D.
Final accounting; return of unused balance of deposit. After the reviewing board has granted final approval and signed the approved subdivision plat or site plan, or otherwise taken final action on the application, the applicant shall provide written notice of same, by certified mail, return receipt requested, or by personal delivery, to the Chief Financial Officer, the reviewing board, and all professionals who have rendered services in connection with the application. Within 30 days after receipt of such notice, each professional shall submit a final bill (or a statement in lieu of bill in the case of in-house professionals) to the Chief Financial Officer with a copy to the applicant. The Chief Financial Officer shall render to the applicant a final accounting within 45 days after receipt of all final bills and/or statements. The Chief Financial Officer shall return to the applicant with the final accounting any unused balance of the deposit, including any interest earned thereon in accordance with Subsection E.
E.
Deposits with the Township; escrow accounts; interest.
(1)
Escrow deposits in excess of $5,000 for technical reviews, for inspections fees, or to satisfy the requirement for any performance guaranty or the requirement for any maintenance guaranty pursuant to this chapter, shall be deposited in a special interest-bearing account. Such deposits, until repaid or applied for the purposes for which they were deposited, including the applicant's portion of the interest earned thereon, shall continue to be the property of the applicant and shall be held in trust by the Township, except as otherwise provided for this section.
(2)
The Township shall deposit such money in a banking institution or savings and loan association located in the State of New Jersey and insured by an agency of the federal government, or in any other fund or depository approved for such deposits by the State of New Jersey. Such monies shall be maintained in an account bearing interest at the minimum rate currently paid by such institution or depository on time or savings deposits.
(3)
The Township shall notify the applicant in writing of the name and address of the institution or depository in which such 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 for any year, that entire amount shall belong to the applicant and shall be refunded to the applicant 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. Notwithstanding anything to the contrary above, the Township may retain for administrative expenses a sum equal to 33 1/3% of the annual interest earned by such deposit. The amount so retained shall be in lieu of all other administrative and custodial expenses charged by the Township in connection with the deposit.
§ 315-49 Special meeting fees.
A fee of $1,500 shall be charged for any special meeting of the Planning Board or Board of Adjustment. The applicant whose application is to be heard at the meeting shall pay the fee prior to the date of the hearing. If more than one application is scheduled for the special meeting, the fee shall be divided equally among the applicants. Nothing herein shall obligate any board to hold a special meeting on any application for development.