Bloomsbury City Zoning Code

The applicant shall, at the time of submission, pay the nonrefundable fees to the Borough set forth in this section.

The filing fees set forth in this section are based upon normal services required for processing applications for development and include, among other expenses, the services of the approving authority secretary in handling the application. These filing fees are not intended to cover the following costs (also called "review costs"):

In addition to the foregoing filing fees, each applicant for development approval shall establish one or more escrow accounts with the Borough to cover review costs involved with the application. A review fee is to be paid by the applicant. The review fee is equivalent to the total of the review costs associated with the application as they are finally determined as described below.

At the time of submitting an application for development, and periodically thereafter, the applicant shall deposit to the escrow account the amounts hereinafter provided, which are designed to cover the review fee, and shall execute an escrow agreement. The escrow agreement shall be in a form prescribed by the approving authority. All filing fees and the required initial escrow deposit must be paid prior to certification that the application is complete. In the event that the amounts required to be deposited initially in the escrow account are not sufficient to cover the review costs, the approving authority shall request additional escrow funds, in accordance with the procedure hereinafter set forth, and these additional funds shall be paid by the applicant.

Zoning permit: $5.

Application for classification: $50 per application.

Certified list of property owners within 200 feet: $10.

Construction permit in conflict with Official Map or for lot not related to a public street (N.J.S.A. 40:55D-36): $400 escrow.

Application for certification of preexisting nonconforming use (N.J.S.A. 40:55D-68): $200 escrow.

Other unspecified applications or preliminary inquiry to the Planning Board: $400 escrow.

Appeal to Borough Council (N.J.S.A. 40:55D-17): $400 escrow. The appellant shall also, in accordance with N.J.S.A. 40:55D-17c, arrange for seven copies of the transcript of the hearing(s) before the Planning Board, the cost of which is to be paid for by the appellant.

Conditional use approval (N.J.S.A. 40:55D-67): $500 escrow.

Appeal pursuant to N.J.S.A. 40:55D-70a or b: $125 and $375 escrow.

Lot line adjustment: $500, plus $1,000 escrow per lot.

Request for rezoning: $2,500 escrow.

Preliminary meeting with Borough professionals: $1,000 escrow.

Application for special meeting: $1,000.

Waiver request as to checklist item required for completeness of application: $20 per waiver request.

Application to construct a lot not abutting a public street (N.J.S.A. 40:55D-36): $500 and $500 escrow.

Professional services, attorney, engineer, etc.: actual time for review.

Home occupation permit: $10.

Informal (conceptual) review: $1,000 escrow (to be credited toward filing fees for a later formal application for the same development within 90 days).

Minor subdivision approval: initial application fee of $300, plus $2,500 escrow for each lot.

Major subdivision approval:

Subdivision inspection. Prior to the requesting of any inspection, the applicant shall deposit with the Borough a fee to cover the cost of construction inspection in all major subdivisions. The amount of the fee shall be based upon the following schedule:

Minor site plan approval: $150 and $3,000 escrow.

Preliminary major approval: $1,000, plus $30 per 1,000 square feet of lot area, plus $80 per 1,000 square feet of lot coverage.

Final major approval: $500, plus $15 per 1,000 square feet of lot area, plus $40 per 1,000 square feet of lot coverage.

Extension of preliminary approval of a major site plan: $500.

Bulk variance relief (N.J.S.A. 40:55D-70c): $375 and $300 escrow.

Hardship (N.J.S.A. 40:55D-70c): $250.

Use or other variance under N.J.S.A. 40:55D-70d: $500 and $500 escrow.

Site plan application fees and escrows for telecommunications installations shall be as follows:

The approving board will require the applicant to post a bond at the time of approval to cover the costs for the removal of the personal wireless service facility in the event that the municipality must remove the facility.

Site plan exempt application fee: $450.

Site plan exempt application escrow deposit for professional review: $1,500.

For conditional uses on less than five acres: $35.

For conditional uses on five or more acres: $100.

For plan in connection with a construction permit: $50 per permit.

For plan in connection with a site plan or subdivision approval: no separate fee (fee is deemed included in application fee for such approval).

Notwithstanding the forgoing, in instances where a separate fee is required by Subsection J(1) and a submitted plan is not approved, $25 of the fifty-dollar fee per lot paid by the applicant shall be refunded to the applicant because inspection of the implementation of the plan was not necessary.

Professionals (including certified shorthand reporters) engaged by any approving authority in connection with the application, and whose services are to be paid from an escrow account, shall submit vouchers for all fees and expenses for their services to the approving authority for approval, itemized by application and by type of service rendered. The approving authority shall review all review costs to be assessed to an escrow account as determined in accordance with the aforementioned schedule of professional fees, as well as the need therefor. In making such review, the approving authority shall consider the following criteria as they apply to the particular application:

If the approving authority determines that the costs are reasonable and appropriate, the costs so determined shall constitute part of the review fee, and the approving authority shall forward its determination to the Borough Treasurer, who shall withdraw the amounts from the escrow account and pay them over to the appropriate professional.

Each escrow deposit shall be held in escrow by the Borough in an account separate from the general funds of the Borough and separate from any other such account. Review fee escrow deposits shall be in an account separate from inspection deposits established under § 270-168. The account shall be 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 savings deposits.

All interest earned on any account shall be retained in the account until paid over as hereinafter provided.

The escrow deposit and account associated with each application shall be replenished by the applicant whenever the original escrow deposit is reduced by payments and approved charges against the account to 35% or less of the original amount. The approving authority secretary shall notify the applicant to replenish the escrow, and the applicant shall upon request deposit up to an additional 25% of the original escrow account amount. In addition to all of the above, if the approving authority secretary shall determine that the approved additional estimated costs exceed any of the foregoing amounts, the secretary shall require such additional amounts as shall be required to cover such expenses. No further consideration, review, processing or inspection shall be performed by or on behalf of the approving authority until the additional escrow has been paid (except that the application may be denied for failure to make the required additional payment).

In the event that the applicant believes any amount charged or to be charged to his escrow deposit is unreasonable, the applicant may (provided that he has then made all required payments into his escrow account) file with the approving authority secretary a written objection and request for a hearing by the approving authority with respect to such amounts. If the applicant was sent written notice that such amount was so charged or would be so charged, he shall file such written objection and request for hearing within 10 days after such written notice was sent to him. In the event that an objection and request for hearing is made in this manner, the approving authority shall hold a hearing with respect to the objection and make a determination as to the appropriateness of the amounts, using the criteria set forth above in this section. If the approving authority modifies its previous determination, an appropriate adjustment shall be made.

The applicant may also, within 10 days after the decision of the approving authority following the hearing, appeal its decision to the Borough Council by written notice of appeal received within such time by the Borough Clerk. The appellant shall provide the Borough Council with that portion of the transcript of the approving authority hearing on the matter, at the appellant's cost, and the appeal shall be on the record made before the approving authority.

The approving authority or Borough Council shall commence any hearing it conducts (as provided for above in this Subsection B) within 30 days of receiving the request for the hearing. The decision of the body conducting the hearing shall be memorialized in a resolution containing findings of fact and conclusions. The Borough Council, when acting as an appellate body from a decision of the approving authority, may affirm or alter the approving authority's decision.

Within 120 days and in the absence of any appeal by the applicant of the merits of the application, after completion of the review of an application for development by the approving authority, whether preliminary or final, the adoption of any resolution memorializing the decision on the application, and the satisfaction of all conditions required for the plat to be signed, or after the withdrawal of an application (or after the conclusion of the informal discussion if the deposit was made for that purpose and is not to be credited toward an application for development), the Borough Treasurer shall refund to the applicant all deposit moneys remaining in the account together with the interest, if any, which the applicant is entitled to receive. The Borough shall retain interest earned on the deposit which does not exceed $100 for the year. If the interest earned on the deposit exceeds $100 for the year, 2/3 of the entire amount of the interest earned shall be refunded to the applicant and the remaining 1/3 shall be paid over to the Borough. After any remaining balance in the account (including such interest) is so disposed of, the escrow account shall be terminated.