Commercial Township
City Zoning Code
City Zoning Code
ARTICLE XI
Fees
§ 145-97 Schedule of fees.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Every application for review or a hearing by the Land Use Board or for the issuance of permits pursuant to this chapter shall be accompanied by the appropriate fees as set forth herein below:
A.
Conditional use: an application fee of $125 and a minimum escrow review fee deposit of $750.
B.
Variance pursuant to N.J.S.A. 40:55D-70, Subdivision c: an application fee of $125 and a minimum escrow review fee deposit of $500.
C.
Variance pursuant to N.J.S.A. 40:55D-70, Subdivision d (use variance): an application fee of $250 and a minimum escrow review fee deposit of $1,000.
D.
Interpretation of the Land Development Regulations Ordinance or Zoning Map by the Land Use Board: $100 and a minimum escrow review fee deposit of $350.
E.
Direction pursuant to N.J.S.A. 40:55D-34 or 40:55D-36 (building lot in bed of mapped street, etc., or not abutting improved street): $100.
G.
Forestry permit.
(1)
Application fee: $25 payable at the time of submission of an application to the Zoning Officer.
(2)
Administrative fee. Upon the issuance of a forestry permit pursuant to § 145-97G(1) of this chapter, the applicant shall be required to pay a sum of $250, which shall serve as reimbursement for any administrative costs incurred by the Township during the ten-year permit period. The applicant shall not be subject to any additional fees or escrow requirements for the duration of the forestry permit.
I.
Subdivision and site plan review. Fees shall be paid and escrow funds established in accordance with the following schedule, for use in connection with the total processing of a proposed subdivision or site plan:
(2)
Major subdivision.
(a)
Preliminary plat submission:
[1]
At the time of filing an application and a preliminary plat of a major subdivision for review, an application fee of $425 plus $65 for each lot involved in said major subdivision.
(3)
Minor site plan.
(a)
At the time of filing an application and preliminary site plan for a minor site plan, the applicant shall pay an application fee of $125, and
(4)
Major site plan.
(a)
Preliminary site plan:
[1]
At the time of filing an application and preliminary site plan for a major site plan, the applicant shall pay an application fee of $300 plus $125 per acre of land involved in the site plan application.
[2]
In addition to the foregoing application fee, the applicant shall deposit a sum in an escrow review account to be established per § 145-97J(3)(b) of this chapter, of not less than $1,500 to be computed as follows:
[a]
Residential (apartments and multifamily dwellings): $10 per dwelling unit up to 10 dwelling units; plus $5 per dwelling unit from 11 to 100 dwelling units; plus $2.50 per dwelling unit from 101 to 1,000 dwelling units; plus $1 per dwelling unit for each unit over 1,000, but in no case to exceed $5,000;
[b]
Commercial/Industrial: $125 for each acre or part thereof, but in no case to exceed $5,000.
[c]
Other: $100 for each acre or part thereof, but in no case to exceed $5,000.
(b)
Final site plan. At the time of submission of final site plan for review and approval, the applicant shall deposit in the escrow review account established as a result of § 145-97J(4)(a)[2] herein, an equal amount as required in said cited subsection of this chapter and an inspection review account deposit to be computed in accordance with the provisions of § 145-98B of this chapter.
(5)
Tax Map page update service and fee. Each applicant and/or developer that comes to the Township of Commercial for any approval which results in the creation of any new lots shall be responsible for paying all reasonable charges incurred by the Township Engineer in amending the Tax Map.
J.
Informal review of a concept plan (fee to be credited toward fee for application for development of same project):
L.
Certificates of nonconforming use or structure: $10.
M.
Mailing charges. Whenever an applicant requests that the Board Secretary forward copies of application forms and plats or plans in connection with a minor subdivision or site plan to the County Land Use Board or other regulatory agency, the application fee as set forth in both § 145-97J(1) and (3) shall be increased by $10.
N.
Payment of fees. All fees shall be paid to the Secretary of the Land Use Board or other municipal official designated to receive the specific application for review. All application fees shall be used to cover the cost of processing the application. The escrow review and inspection fee deposits shall be utilized in accordance with the provisions of § 145-98 of this chapter.
O.
Certificate of occupancy. The charge for such certification and inspection shall be $75 and $40 for each re-inspection performed. All fees must be paid prior to inspections.
§ 145-98 Escrow accounts.
A.
Review fee deposit:
(1)
The review fee deposit is to be used to pay the fees of any professional personnel retained or employed by the Township to assist in processing, reviewing, and making recommendations concerning the subject application. If at any time it becomes evident that the escrow fund is, or will become, insufficient to cover all reasonable fees for the required professional services, the applicant shall increase the fund as determined by the Land Use Board. Any excess funds in the escrow fund remaining after all review fees have been paid shall be returned to the developer.
(2)
Whenever a review fee is required, the developer shall deposit with the Township Chief Financial Officer, a sum of money which the Chief Financial Officer shall, in turn, deposit in a separate escrow account and carry under the Township's trust fund section of accounts on the books of the Township as a review fee escrow fund. The Chief Financial Officer shall periodically report to the Land Use Board on the current balance in each escrow account being held by the Township.
B.
Inspection fees:
(1)
This escrow fund shall be used to pay the fees of professional personnel employed to inspect subdivisions and site developments and approve the construction of the improvements for subdivision and site plan approvals. Any excess funds in the escrow at the time when all improvements have been finally accepted shall be returned to the developer. If at any time it becomes evident that the escrow fund is or will be insufficient to cover said inspection fees, the developer shall increase the fund as required by the Land Use Board.
(2)
Prior to final approval of the plat or site plan, the developer is required to deposit with the Township Chief Financial Officer a sum of money which the Township Chief Financial Officer shall, in turn, deposit in a separate escrow account and carry under the Township's trust fund section of accounts on the books of the Township as an inspection fee escrow fund. At the time of submission of the final plat or site plan, the applicant shall deposit an amount of money equal to 5% of the cost of all improvements required as a condition of subdivision or site plan approval as such cost is determined by the Township Engineer. However, there shall be a minimum escrow deposit of $500 even though the aforesaid computation produces a less amount, unless there are no improvements required for a subdivision or site plan approval in which case the minimum inspection fee deposit will be $100.
C.
Collection of fees.
(1)
All review escrow or inspection escrow fee required by this article, unless otherwise specified, shall be paid by the applicant or appellant to the Secretary or Clerk of the Land Use Board at the same time as his application is submitted or his appeal is filed.
(2)
Where deemed applicable and not detrimental to the intent and purpose of this article, the Land Use Board, in its sole discretion, may determine that the number of acres included in a subdivision or site plan application for which an escrow fee is payable shall be limited to a particular portion of a larger tract.
(3)
All application or permit fees received by the Zoning Officer or Secretary of the Land Use Board, or other municipal officials designated to receive applications for zoning, forestry or sign permits, or applications for variances, conditional uses, subdivision or site plan review, or other matters provided for under the requirements of this chapter, shall be duly recorded and reported to the Township Committee and deposited with the Municipal Chief Financial Officer on a monthly basis. The Municipal Chief Financial Officer shall deposit said fees in the General Fund of the Township or as may be directed by the provisions of this article.
(4)
The payment of interest on escrow review or inspection accounts shall be made in accordance with the provisions of N.J.S.A. 40:55D-53.1.