Elmwood Park City Zoning Code
ARTICLE XVIII
Fees, Guarantees and Deposits
§ 34-66 FEES.
[1969 Code § 88-77; Ord. No. 1978-6; Ord. No. 80-2; Ord. No. 85-10; Ord. No. 87-1; Ord. No. 93-16; Ord. No. 93-4]
Every application for the review of a site plan, minor subdivision and major subdivision by the Planning Board or the Board of Adjustment shall be accompanied by check for deposit on fees, payable to the Borough of Elmwood Park for the amount computed under the guidelines below:
a.
Any application involving commercial/industrial site plan, minor subdivision at the commercial/industrial zoned property and construction involving Chapter 28, "Flood Damage Prevention."
1.
Application fee = $150 (separate check).
2.
Board's Attorney fees (separate check):
(a)
$500 in the escrow account for professional fees in preparation of related work and resolutions.
(b)
$150 for the first acre of land or part thereof included within the site development plan.
(c)
An additional sum computed at the rate of $25 per acre of land, or part thereof, in excess of one acre.
3.
Engineering fees (separate check):
(a)
$600 for the first acre of land or part thereof included within the site development plan, plus:
$150 if Soil Conservation District approval is needed;
$250 if County approval is needed;
$250 if DEP approval is needed;
$250 if EPA approval is needed;
$250 if DOT approval is needed.
(b)
An additional sum computed at the rate of $60 per acre for each acre of land, or part thereof, in excess of one acre.
(c)
An additional sum computed at the rate of $0.05 per square foot for the first 5,000 square feet of building's gross floor area, or part thereof, included within the site development plan.
(d)
An additional sum computed at the rate of $0.03 per square foot for each square foot of building's gross floor area in excess of 5,000 square feet.
(e)
Under no circumstances shall the maximum amount of fees to be paid on any application with regard to engineering fees exceed the maximum fee of $2,000 for initial site plan review.
4.
Special/extended hearing fees. For any special hearing required or requested on any application or any extended hearing, extended hearing is defined to be any hearing in excess of two regular public meetings, the applicant shall, in addition to the above provided fees, deposit in an escrow account for professional fees:
$475 for the Board's Attorney (separate check).
$475 for the Borough Engineer (separate check);
$200 for the Board's Recorder (separate check).
b.
Any application not involving site plan approval:
1.
For a variance from the provisions of the Zoning Ordinance as provided by N.J.S.A. 40:55D-70, to include all variances other than use variances as defined herein, an application fee of $100 shall be paid.
2.
For a use variance from the provisions of this Zoning Ordinance as provided by N.J.S.A. 40:55D-70, an application fee of $100 shall be paid.
3.
Where the application for a variance pertains to property containing more than one building lot of a size of fifty-foot width and 100 feet in depth, the application fee, in addition to the foregoing fees, shall be $25 for each additional lot.
4.
Under any of the above conditions, the application fee will be accompanied by a deposit of $200 in an escrow account for professional fees in preparation of related resolutions, except for residential dimensional variances for which the deposit in an escrow account will be $50.
5.
For initial processing fees in connection with minor subdivision review other than involving commercial/industrial zoned properties and properties regulated by Chapter 28, "Flood Damage Prevention," the foregoing fees shall be posted:
Application fee = $100 (separate check)
Board's Attorney fee = $250 (separate check)
Engineering fee = $400 (separate check)
6.
For initial processing fees in connection with major subdivision review, the following fees shall be paid:
(a)
Up to five Lots, 5,000 square feet or Less, Each.
(1)
Sketch Plat.
Application fee = $100 (separate check)
Board's Attorney fee = $150 (separate check)
Engineering fee = $300 (separate check)
(2)
Preliminary Plat.
Application fee = $100 (separate check)
Board's Attorney fee = $300 (separate check)
Engineering fee (separate check) = $600 plus $100 if Soil Conservation District approval is needed;
$250 if County approval is needed;
$250 if DEP approval is needed;
$250 if EPA approval is needed;
$250 if DOT approval is needed.
(3)
Final Plat.
Application fee = $100 (separate check)
Board's Attorney fees = $200 (separate check)
Engineering fee = $400 (separate fee)
(b)
Six to 10 Lots, 5,000 square feet or Less Each.
(1)
Sketch Plat.
Application fee = $100 (separate check)
Board's Attorney fee = $150 (separate check)
Engineering fee = $300 (separate check)
(2)
Preliminary Plat.
Application fee = $100 (separate check)
Board's Attorney fee = $350 (separate check)
Engineering fee (separate check) = $700 plus $150 if Soil Conservation District approval is needed;
$250 if County approval is needed;
$250 if DEP approval is needed;
$250 if EPA approval is needed;
$250 if DOT approval is needed.
(3)
Final Plat.
Application fee = $100 (separate check)
Board's Attorney fee = $250 (separate check)
Engineering fee = $450 (separate check)
(c)
11 Lots or More and Any Number of Lots Having a Lot Area Over 5,000 Square Feet Each.
(1)
Sketch Plat.
Application fee = $100 (separate check)
Board's Attorney fee = $100 (separate check)
Engineering fee = $325 (separate check)
(2)
Preliminary Plat.
Application fee = $100 (separate check)
Board's Attorney fee = $400 (separate check)
Engineering fee (separate check) = $900, plus $150 if Soil Conservation District approval is needed;
$250 if County approval is needed;
$250 if DEP approval is needed;
$250 if EPA approval is needed;
$250 if DOT approval is needed.
(3)
Final Plat.
Application fee = $100 (separate check)
Board's Attorney fees = $300 (separate check)
Engineering fee = $500 (separate check)
(d)
Certificate of Occupancy (C.O.) or Certificate of Continued Occupancy (C.C.O.):
Nonresidential zones where the building floor area exceeds 5,000 square feet:
Application fee = $100 (separate check)
Board's Attorney fee = $150 (separate check)
Engineering fee = $200 (separate check)
(e)
Minor Site Plan.
Application fee = $100 (separate check)
Board's Attorney fee = $300 (separate check)
Engineering fee = $400 (separate check)
(f)
Special Hearing.
For any special hearing required or requested on any application or any extended hearing, extended hearing is defined to be any hearing in excess of two regular public meetings in connection with the major subdivision review, the applicant shall, in addition to the above provided fees, deposit in the escrow account for professional fees:
$475 for the Board's Attorney (separate check)
$475 for the Borough Engineer (separate check)
$200 for the Board's Recorder (separate check).
c.
In every application for the review of a site plan, minor subdivision or major subdivision involving either residential or commercial/industrial zoned property, the applicant shall deposit in the escrow account, for each work session after the first work session review, at which said application is being considered, the following fees:
Separate Checks | |
|---|---|
$400 | Borough Attorney |
$400 | Borough Engineer |
$150 | Board Recorder |
All checks are to be made to the order of the Borough of Elmwood Park.
§ 34-67 GUARANTEES.
[1969 Code § 88-78; Ord. No. 1978-6; Ord. No. 87-1; Ord. No. 93-16]
a.
As a condition of final site plan approval of minor or major subdivision approval, prior to the issuance of a building permit, the applicant shall furnish a performance guarantee in favor of the Borough in an amount not to exceed 120% of the cost of installation for all improvements approved on the plan which involved improvements in public rights-of-way; improvements extending utility and drainage facilities on the tract; lighting; curbing and paving, storm drainage, landscaping, and conditions involving the control of storm water runoff; soil removal, grading and soil erosion and sedimentation control. In addition, as a condition of final site plan approval or approval of a major subdivision, prior to the issuance of a building permit, the applicant shall enter into a builder's agreement with the Borough when an extension or relocation of municipal facilities is involved.
b.
As a condition of final site plan approval, prior to the issuance of a Certificate of Occupancy, the filing of a maintenance guarantee with the Borough covering all items included under the performance guarantee shall be required. The maintenance guarantee shall be for an amount approved by the Governing Body upon the advice and recommendation of the Borough Engineer, but for an amount not more than 15% of the original estimate of the cost of installing the improvements. The maintenance guarantee shall run for a period of one or two years as the Governing Body may determine.
c.
In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or the improvements are covered by a performance or maintenance guarantee to another governmental agency, no performance or maintenance guarantee, as the case may be, shall be required by the Borough for such utilities or improvements.
d.
The time allowed for installation of the improvements for which the performance guarantee has been provided may be extended by resolution of the Borough Council.
e.
If the required improvements are not completed or corrected in accordance with the performance guarantee, the obligor and surety, if any, shall be liable thereon to the Borough for the reasonable cost of the improvements not completed or corrected and the Borough may either prior to or after the receipt of the proceeds thereof complete such improvements.
f.
When all of the required improvements have been completed, the obligor shall notify the Borough Council in writing, by certified mail addressed in care of the Municipal Clerk of the completion of said improvements and shall send a copy thereof to the Borough Engineer. Thereupon the Borough Engineer shall inspect all of the improvements and shall file a detailed report, in writing, with the Borough Council, indicating either approval, partial approval or rejection of the improvements with a statement of reasons for any rejection. If partial approval is indicated, the cost of the improvements rejected shall be set forth.
g.
The Borough shall either approve, partially approve or reject the improvements, on the basis of the report of the Borough Engineer and shall notify the obligor in writing, by certified mail, of the contents of said report and the action of said approving authority with relation thereto, not later than 65 days after receipt of the notice from the obligor of the completion of the improvements. Where partial approval is granted, the obligor shall be released from all liability pursuant to its performance guarantee, except for that portion adequately sufficient to secure provision of the improvements not yet approved. Failure of the Borough Council to send or provide such notification to the obligor within 65 days shall be deemed to constitute approval of the improvements and the obligor and surety, if any, shall be released from all liability, pursuant to such performance guarantee.
h.
If any portion of the required improvements are rejected, the approving authority may require the obligor to complete such improvements and, upon completion, the same procedure of notification, as set forth in this section shall be followed.
i.
Nothing herein, however, shall be construed to limit the right of the obligor to contest by legal proceedings any determination of the Borough Council or the Borough Engineer.
j.
The obligor shall reimburse the municipality for all reasonable inspection fees paid to the Municipal Engineer for the foregoing inspection of improvements.
k.
As a condition of final site plan approval or major subdivision approval and, in addition to all costs, fees and obligations hereinabove set forth, the obligor shall be required to post with the Borough sufficient funds to guarantee payment to the municipality for all reasonable fees paid to or due the Municipal Engineer and Municipal Attorney for professional services relating to review services rendered prior and subsequent to Board approval and inspection. In the event it appears that insufficient funds have been posted, the Borough Clerk shall, upon receipt of such advice from the Municipal Engineer and/or Municipal Attorney, require the obligor to post such further reasonable sums as may be required.
§ 34-68 DEPOSITS.
[1969 Code § 88-78.1; Ord. No. 1978-6; Ord. No. 86-2; Ord. No. 90-6; Ord. No. 91-10]
Deposits to be paid in addition to fees.
a.
An applicant shall be responsible to reimburse the Borough of Elmwood Park for:
1.
All expenses of personnel incurred and paid by the Borough necessary to process an application before a municipal agency, such as, but not by way of limitation:
(a)
Charges for reviews by professional personnel of applications and accompanying documents.
(b)
Issuance of reports by professional personnel to the municipal agency setting forth recommendations resulting from the review of any documents submitted by applicant.
(c)
Charges for any telephone conference or meetings requested or initiated by applicant, his attorney or any of his experts.
(d)
Review of additional documents submitted by applicant and issuance of reports relating thereto.
(e)
Review of preparation of easements, developers agreements, deeds, or the like.
(f)
Preparation for and attendance at special meetings.
(g)
Preparation of a resolution or memorializing resolution setting forth the findings and conclusions of the municipal agency with respect to an application.
b.
For purposes of this section, professional personnel shall be defined to include not only the Borough Attorney, Planning Board Attorney, Board of Adjustment Attorney and Borough Engineer but any and all persons, firm, entity or corporation which the municipal agency deems necessary to engage in order to review and report to the municipal agency on the application for development then pending before such agency.
c.
Fees shall be charged in accordance with the requirements of this section on any application submitted for review, pursuant to the provision of N.J.S.A. 40:55D-10.1.
§ 34-69 OFF-TRACT IMPROVEMENTS INCLUDING SANITARY SEWER AND WATER IMPROVEMENTS, DRAINAGE AND OTHER IMPROVEMENTS.
[Ord. No. 01-6 § 88-78.2]
a.
Pursuant to the powers established in N.J.S.A. 40:55D-42, the following are hereby promulgated with respect to determining the proportionate or pro-rata share of an applicant for a required off-tract improvement. Prior to the granting of final approval of a site plan or subdivision, the applicant shall have installed or made cash payments, in the manner provided for below with respect to the immediate or ultimate installation of any required off-tract improvement.
1.
Allocation of Costs: Criteria in Determining Allocation. The allocation or costs for off-tract improvements as between the applicant, other property owners and the Borough, or any one or more of the foregoing shall be determined by the Planning Board with the assistance of the appropriate Borough agencies on the basis of the total cost of the off-tract improvements, the increase in market values of property affected and any other benefits conferred, the needs created by the application, population and land use projections for the general area of the applicant's property and other areas to be served by the off-tract improvements, the estimated time of construction of the off-tract improvements and the condition and periods of usefulness, which periods may be based upon the criteria of N.J.S.A. 40A:22.2 The following criteria may also be considered as well as any other reasonable criteria which would aid in said determination:
(a)
Street, curb, gutter, sidewalk, shade trees, street lights, street signs and traffic generated by the application and the anticipated benefit thereto.
(b)
Drainage facilities may also be based upon or be determined by the drainage created by or affected by any particular land use considering: (1) the percentage relationship between the acreage of the application and the acreage of the total drainage basin; (2) the use of a particular site and the amount of area to be covered by impervious surfaces on the site itself; and (3) the use, condition or status of the remaining area of the drainage basin.
2.
Improvements to be Constructed at the Sole Expense of the Applicant. In cases where reasonable and necessary need for an off-tract improvement or improvements is necessitated or required by the proposed development application and where no other property owners receive a special benefit thereby, the Board may require the applicant, as a condition of approval, at the applicant's expense, to provide for and construct such improvements as if such were on-tract improvements in the manner provided hereafter and as otherwise provided by law.
3.
Payment of Allocated Costs. In the event that the improvement required shall be constructed as a general or a local improvement, the estimated cost of the off- tract improvement allocated to the applicant shall be deposited with the municipality in the form of cash. The deposit shall be paid by the subdivider to the Borough Treasurer who shall provide a suitable depository therefor, and such funds shall be used only for the off-tract improvements for which they are deposited or shall be refunded to the applicant as hereinafter set forth.
4.
Deposit of Funds. All funds paid by an applicant pursuant to this section shall be used only for the improvements for which they are deposited or improvements serving the same purpose.
5.
Redetermination of Assessment Upon Completion of Improvements. Upon completion of off-tract improvements required pursuant to this section, the applicant's liability hereunder shall be recalculated in accordance with the actual as compared with the estimated cost of the improvements. To the extent that such recalculation shall increase or decrease the amount of any cash deposit made by the applicant hereunder, the applicant shall forthwith either pay the amount of such increase to the municipality, or the municipality shall forthwith refund the amount of such decrease to the applicant.
b.
Omissions. Omissions from the bond of any improvement will in no way be construed as to relieve the developer from his legal obligation to conform to the required improvements as provided for in this section.
c.
Certification. Prior to the final acceptance of any of the required improvements by the Borough, the applicant, owner or owners shall have submitted satisfactory affidavits certifying that no unpaid bills, liabilities or liens against such improvements and installations are outstanding.
