Deerfield City Zoning Code
ARTICLE XIII
Fees
§ 120-142 Schedule of fees.
Every applications for review or a hearing by the Land Use Board or for the issuance of permits pursuant to this article shall be accompanied by the appropriate fees as set forth herein below:
A.
Variance pursuant to N.J.S.A. 40:55D-70d (use variance):
B.
Land Use Board interpretation of the Development Regulations Ordinance or Zoning Map, hearing an appeal of a decision of the Zoning Officer and/or 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 an improved street): $200 and a minimum escrow review fee deposit of $1,000.
C.
D.
Forestry permit.
(1)
Application fee: $250 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 § 120-109E(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.
(3)
Escrow fee. In addition to the application and administrative fee required in Subsections D(1) and (2) above, the applicant shall post an amount equal to $25 per acre for each acre of land involved in the forestry activity for which the forestry permit is being sought, but in no case shall the escrow fee be less than $1,000.
E.
Sign permit not involving site plan or subdivision review: the fee of $3 per square foot of sign area for each sign permit sought.
F.
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)
Reaffirmation of an approved minor subdivision after lapse of the filing period as provided in N.J.S.A. 40:55D-54: $35.
(3)
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 $300 for five lots or less; $600 for six or more lots.
[2]
In addition to the foregoing application fee, the applicant shall deposit a minimum of $1,000 plus $25 per lot involved in the major subdivision application in an escrow review account to be established per § 120-143 of this article. In any case, the minimum escrow fee to be deposited shall not be less than $3,000.
[Amended 10-18-2006 by Ord. No. 2006-10]
(b)
Final plat:
[1]
At the time of submission of the final plat, the applicant shall pay an application fee of $300 for five lots or less; $600 for six lots or more.
[2]
The applicant shall also deposit an amount of money in the escrow review account established as a result of Subsection F(3)(b), Preliminary plat submission, herein, an equal amount as required in said cited subsection of this article and pay an inspection escrow fee computed in accordance with Subsection F(3)(b) Preliminary plat submission, of this article.
(4)
(5)
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 $500; and
[2]
In addition to the foregoing application fee, the applicant shall deposit a sum in an escrow review account to be established per § 120-143 of this article, of not less than $3,000 to be computed as follows:
[Amended 10-18-2006 by Ord. No. 2006-10]
[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;
[b]
Commercial/industrial: $50 for the first acre or part thereof and $25 for each additional acre or part thereof.
(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 § 120-142F(4)(b) herein, an equal amount as required in said cited subsection of this article and an inspection review account deposit to be computed in accordance with the provisions of § 120-144 of this article.
(6)
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 §§ 120-143 through 120-145.
G.
General development plan.
(1)
At the time of submission of an application and general development plan for review, the applicant shall pay an application fee of $500 for planned developments of less than 30 acres or 20 dwelling units, whichever is greater; and $1,000 for planned developments over 30 acres or 20 dwelling units, whichever is greater. In addition, the applicant shall deposit escrow review amounts as determined in § 120-142F according to the type of proposed development application. The amount of escrow fees required for conceptual or sketch plan review shall be determined based upon the hourly fees of the consultants hired in connection with a planned development of regional impact as provided for in § 120-132 of this article.
(2)
Once approved, the fee required for review of specific subdivisions or site plans of portions of the approved general development plan shall be as provided for in § 120-142F accordingly. In addition, the inspection escrow fees shall be paid according to the provisions of § 120-144 prior to the granting of final approval of said subdivision and/or site plans.
H.
Review of a concept plan.
(1)
Administrative fee of $300 plus $150 per hour for every hour of meeting time spent in excess of two hours.
(3)
The above-noted administrative fee for an informal review of a concept plan is to be credited towards the fee for application for development of the same project, if submitted for site plan or subdivision review.
I.
Specialized expert testimony. Whenever an applicant intends to present specialized expert testimony which is beyond the expertise of the staff and consultants serving the Land Use Board, the applicant shall increase the review escrow fee deposit account by a minimum of $5,000 for each such expert who will testify, in order to enable the Land Use Board to hire expert consultants to review the testimony and to issue reports.
K.
Duplicate recording of hearing: $15 per cassette.
L.
Certificates of nonconforming use or structure: $10.
§ 120-143 Review escrow account required.
Whenever an escrow account is established pursuant to § 120-142F, the following shall apply:
A.
The escrow 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 account is or will be insufficient to cover the fees incurred, the applicant shall increase the fund as required by the Land Use Board, upon receipt of written, itemized substantiation of each additional need.
B.
Fund.
(1)
Whenever a escrow 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 an 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.
(2)
The Chief Financial Officer shall use said escrow fund to pay the fees and costs of any professional personnel employed to process, review, make recommendations on the applications, plats, plans or supporting documentation submitted therewith and to make inspections in connection therewith. The Chief financial Officer shall make such disbursements in accordance with the voucher system employed by the Township. Said escrow account deposit shall be in addition to any application or inspection fees required and paid. If this escrow fund diminishes to less than $250 at any time, the applicant shall, within 30 days of notification of same, deposit sufficient funds with the Chief Financial Officer to restore the escrow fund to at least the original deposit. If such deposit is not so made upon request, the Board shall, upon notification of the same, advise the governing body to declare the performance guaranty forfeited. Upon approval of the Land Use Board, any balance in said escrow account after payment of all applicable engineering, legal, planning or other professional expenses shall be returned to the party who made the deposit.
(3)
Engineering escrow fees, planning consultation fees, legal review fees or other professional fees are estimated amounts only and are figured on each individual case, with consideration of time and work involved in each case.
C.
Prior to the issuance of a zoning permit or construction permit, all assessments under the provisions of this article shall be paid in full. Any excess funds in the escrow fund remaining after all review fees have been paid shall be returned to the developer.
D.
In exceptional cases, the Land Use Board, in its sole discretion, may determine that the number of acres included in a site plan application for which the escrow fee is payable shall be limited to a particular portion of a larger tract.
E.
For purposes of this article, "improvement," as used herein, shall mean all construction within the rights-of-way of roadways or easements, including paving, sidewalks, curbs and lighting; landscaping and tree plantings; open spaces and recreational areas or facilities; school or public areas; municipal utilities; parking or loading areas, driveways and their improvement including sidewalks, curbs and paving; and any other improvements set forth in this chapter or as a condition of preliminary approval of a subdivision or site plan.
§ 120-144 Inspection fees.
A.
This escrow fund shall be used, in addition to review aspect set forth in § 120-143 herein, 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, upon receipt of written, itemized substantiation of each additional need.
B.
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 4% of the cost of all improvements required as a condition of subdivision or site plan approval as such cost is estimated 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.
§ 120-145 Collection of fees.
A.
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.
B.
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 article, 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.
C.
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.