Fair Haven City Zoning Code
§ 30-3.14
Fees.
[2002 Code § 16.12.140; Ord. No. 2007-13 § II; Ord. No. 2007-16 § II; Ord. No. 2008-3; Ord. No. 2008-18; Ord. No. 2010-06; Ord. No. 2010-20; Ord. No. 2015-13; Ord. No. 2016-05; Ord. No. 2018-16]
The developer shall, at the time of filing an application, pay a nonrefundable fee to the Borough by cash, certified check, or bank draft in accordance with the current fee schedule adopted by the Borough Council on file in the Borough Clerk's office. The fees to be paid shall be the sum of the fees for the component elements of the plat or plan. Proposals requiring a combination or approvals such as subdivision, site plan, and/or variance, shall pay a fee equal to the sum of the fee for each element. Additional fees may be assessed for extraordinary review costs not otherwise covered by this section. The amount of any application filing fees for an informal review shall be a credit toward fees for an application for development. Additional fees may be assessed for extraordinary review costs not otherwise covered by this section as a refundable application escrow fee as specified herein:
Application Filing Fees |
a.
Application for Development Permit.
Zoning Permit Application (This fee is also stated at subsection 2-56.1) [Ord. No. 2013-21; amended 12-19-2022 by Ord. No. 2022-18] | Residential - $100 |
Commercial - $200 New Dwelling - $200 |
b.
Minor Subdivision Approval.
Each informal review | $100 |
Application fee | $250 |
Plat or deed review fee | $100 (per lot) |
c.
Major Subdivision Approval.
Each informal review | $500 |
Preliminary application fee | $500 (plus $100 per new lot) |
Final application fee | 50% of preliminary application fee |
Final plat application fee | $400 |
Final plat review fee | $250 (per lot) |
d.
Minor Site Plan Approval
Each informal review | $100 |
Application fee | $400 |
e.
Major Site Plan Approval.
Each informal review | $500 |
Preliminary application fee | $750 |
Final application fee | 50% of preliminary application fee |
f.
Extension of Approval. $250
g.
Variances
For all applications relating to single- and/or two-family residential uses requiring 1 or more bulk variances | $250 |
For all other applications requiring 1 or more bulk variances | $300 |
Interpretation of the zoning regulations or map | $250 |
Use Variance | |
Proposed single- and/or two-family residential uses | $300 |
For all other use variances | $500 |
h.
Conditional Uses. $250
i.
Public Hearing.
For those development applications which require public notice and hearing | $75 |
j.
Reproduction of Records.
Duplication of tape recordings | $75/meeting |
k.
Change of Master Plan or Zone Request Application. $300
l.
Escrow Deposits.
[Ord. No. 2018-16]
1.
In addition to the initial fees or charges as elsewhere set forth, the municipal agency shall require escrow deposits in accordance with the provisions of the fee and deposit schedule set forth in this paragraph l. The Chief Financial Officer of the municipality shall make all of the payments to professionals for services rendered to the municipality or approving authority for review of applications for development, review and preparation of documents, inspection of improvements or other purposes under the provisions of N.J.S.A. 40:55D-1 et seq. The application review and inspection charges shall be limited only to professional charges for review of applications, review and preparation of documents and inspections of developments under construction and for review by outside consultants when an application is of a nature beyond the scope of the expertise of the professionals normally utilized by the municipality. The only cost that shall be added to any such charges shall be actual out-of-pocket expenses of such professionals or consultants including normal and typical expenses incurred in processing applications and inspecting improvements. No applicant shall be charged for any municipal, clerical or administrative functions, overhead expenses, meeting room charges or any of the municipal costs and expenses except as provided for specifically by statute, nor shall a municipal professional add any such charge to his bill.
2.
Scope of Reimbursed Services. The municipality shall be entitled to be reimbursed for the review of applications, both as to completeness and as to content; for the review and preparation of documents such as, but not limited to: drafting resolutions, developer's agreements, and necessary correspondence with applicant or applicant's professionals.
3.
Deposit of Escrow Funds; Refunds. Deposits received from any applicant in excess of $5,000 shall be held by the Chief Financial Officer in a special interest-bearing deposit account, and upon receipt of bills from professionals and approval of said bills as hereinafter provided for, the Chief Financial Officer may use such funds to pay the bills submitted by such professionals or experts. The municipality 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, the entire amount shall belong to the applicant and shall be refunded to him by the municipality annually or at the time the deposit is repaid or applied for the purposes for which it was deposited, as the case may be, except that the municipality may retain for administrative expenses a sum equivalent to no more than 33 1/3% of that entire amount, which shall be in lieu of all other administrative and custodial expenses. All sums not actually so expended shall be refunded to the applicant within 90 days after the final decision by the appropriate municipal agency with respect to such application, upon certification by the Board Secretary that such application has been finally decided.
4.
Payments. Each payment charged to the deposit for review of applications, review and preparation of documents and inspection of improvements shall be pursuant to a voucher from the professional which voucher shall identify the personnel performing the service, and each date the services were performed, the hours spent to one-quarter hour increments, the hourly rate and the expenses incurred. All professionals shall submit vouchers to the Chief Financial Officer of the municipality on a monthly basis in accordance with the schedules and procedures established by the Chief Financial Officer. The professional shall send an informational copy of all vouchers or statements submitted to the Chief Financial Officer of the municipality simultaneously to (1) the applicant and (2) the municipal agency for whom said services were performed.
The Chief Financial Officer shall prepare and send to the applicant a statement which shall include an accounting of funds listing all deposits, interest earnings, disbursements and the cumulative balance of the escrow account. This information shall be provided on a quarterly basis, if monthly charges are $1,000 or less, or on a monthly basis if monthly charges exceed $1,000. If an escrow account or deposit contains insufficient funds to enable the municipality or approving authority to perform required application reviews or improvement inspections, the Chief Financial Officer shall provide the applicant with a notice of the insufficient escrow or deposit balance. In order for work to continue on the development or the application, the applicant shall within a reasonable time period post a deposit to the account in an amount to be agreed upon by the municipality or approving authority and the applicant. In the interim, any required health and safety inspections shall be made and charged back against the replenishment of funds.
5.
Payments Required Prior to Issuance of Permits. No zoning permits, building permits, certificates of occupancy or any other types of permits may be issued with respect to any approved application for development until all bills for reimbursable services have been received by the municipality from professional personnel rendering services in connection with such application and payment has been made.
6.
Close Out Procedures. The following close out procedures shall apply to all deposits and escrow accounts established under the provisions of N.J.S.A. 40:55D-1 et seq. and shall commence after the approving authority has granted final approval and signed the subdivision plat or site plan, in the case of application review escrows and deposits, or after the improvements have been approved in accordance with N.J.S.A. 40:55D-53, in the case of improvement inspection escrows and deposits.
The applicant shall send written notice by certified mail to the Chief Financial Officer of the municipality and the approving authority and to the relevant municipal professional, that the application or the improvements, as the case may be, are completed. After receipt of such notice, the professional shall render a final bill to the Chief Financial Officer of the municipality within 30 days and shall send a copy simultaneously to the applicant. The Chief Financial Officer of the municipality shall render a written final accounting to the applicant on the uses to which the deposit was put within 45 days of receipt of the final bill. Any balances remaining in the deposit or escrow account including interest in accordance with N.J.S.A. 40:55D-53.1 shall be refunded to the developer along with the final accounting.
7.
Scope of Charges. All professional charges for review of an application for development, review and preparation of documents or inspection 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. A professional shall not review items which are subject to approval by any State governmental agency and not under municipal jurisdiction except to the extent consultation with a State agency is necessary due to the effect of State approvals on the subdivision or site plan.
8.
Limitation of Inspection Fees. Inspection fees shall be charged only for actual work shown on a subdivision or site plan or required by an approving resolution. Professionals inspecting improvements under construction shall charge only for inspections that are reasonably necessary to check the progress and quality of the work and such inspections shall be reasonably based on the approved development plans and documents.
9.
Substitution of Professionals. If the municipality retains a different professional or consultant in the place of a professional originally responsible for development application review, or inspection of improvements, the municipality or approving authority shall be responsible for all time and expenses of the new professional to become familiar with the application or the project, and the municipality or approving authority shall not bill the applicant or charge to the deposit or the escrow account for any such services.
10.
Estimate of Cost of Improvements. The cost of the installation of improvements for the purposes of N.J.S.A. 40:55D-53 shall be estimated by the Municipal Engineer based on documented construction costs for the public improvements prevailing in the general area of the municipality. The developer may appeal the Municipal Engineer's estimate to the County Construction Board of Appeals, established pursuant to N.J.S.A. 52:27D-127.
11.
Appeals.
(a)
An applicant shall notify in writing the Governing Body with copies to the Chief Financial Officer, the approving authority and the professional whenever the applicant disputes the charges made by a professional for a service rendered to the municipality in reviewing applications for development, review and preparation of documents, inspection of improvements, or other charges made pursuant to N.J.S.A. 40:55D-53.2. The Governing Body or its designee shall within a reasonable time attempt to remediate any disputed charges. If the matter is not resolved to the satisfaction of the applicant, the applicant may appeal to the County Construction Board of Appeals, established pursuant to N.J.S.A. 52:27D-127 any charge to an escrow account or deposit by any municipal professional or consultant, or the cost of the installation of improvements estimated by the Municipal Engineer pursuant to N.J.S.A. 40:55D-53.4. An applicant or his authorized agent shall submit the appeal in writing to the County Construction Board of Appeals. The applicant or his authorized agent shall simultaneously send a copy of the appeal to the municipality, approving authority, and any professional whose charges are the subject of the appeal. An applicant shall file an appeal within 45 days from receipt of the informational copy of the professional's voucher required by subsection N.J.S.A. 40:55D-53.2(c), except that if the professional has not supplied the applicant with an informational copy of the voucher, then the applicant shall file his appeal within 60 days from receipt of the municipal statement of activity against the deposit or escrow account required by N.J.S.A. 40:55D-53.2(c). An applicant may file an appeal for an ongoing series of charges by a professional during a period not exceeding six months to demonstrate that they represent a pattern of excessive or inaccurate charges. An applicant making use of this provision need not appeal each charge individually.
(b)
Appeals shall be taken in accordance with the rules and procedures established by the County Construction Board of Appeals.
(c)
During the pendency of any appeal, the municipality or approving authority shall continue to process, hear and decide the application for development and to inspect the development in the normal course and shall not withhold, delay or deny reviews, inspections, signing of subdivision plats or site plans, the reduction or the release of performance or maintenance guarantees, the issuance of construction permits or certificates of occupancy, or any other approval or permit because an appeal has been filed or is pending under this subsection. The Chief Financial Officer of the municipality may pay charges out of the appropriate escrow account or deposit for which an appeal has been filed. If a charge is disallowed after payment, the Chief Financial Officer of the municipality shall reimburse the deposit or escrow account in the amount of any such disallowed charge or refund the amount to the applicant. If a charge is disallowed after payment to a professional or consultant who is not an employee of a municipality, the professional or consultant shall reimburse the municipality in the amount of any such disallowed charge.
12.
Escrow Fees. The following minimum sums are required to be deposited in an escrow account for application to the Planning Board and/or Board of Adjustment.
(a)
[Ord. No. 2016-13; Ord. No. 2018-16]
Residential | Escrow | |
|---|---|---|
All single-family residential applications (not involving subdivision) | $1,500 plus $300 per new variance. No escrow payment will be required for existing variances that are not expanded, enlarged or increased as defined in subsection 30-7.3 | |
Minor subdivision | $2,500 | |
Major subdivisions: | ||
0-3 units or lots | $3,500 | |
Per lot for each lot in excess of 3 lots | Plus $2,000 | |
(b)
Nonresidential Development.
Note: Use the greater of the escrow amounts determined from the floor area and parking space tables below:
[Ord. No. 2016-13; Ord. No. 2018-16]
Escrow | |
|---|---|
Based on Floor Area | |
0-1,000 Square Feet, GFA | $3,750 |
1,001-10,000 Square Feet, GFA | $6,000 |
10,001-50,000 Square Feet, GFA | $9,000 |
50,001-100,000 Square Feet, GFA | $13,500 |
100,000 + Square Feet, GFA | $18,000 |
Based on Parking Spaces | |
0-5 spaces | $3,000 |
6-25 spaces | $7,500 |
26-100 spaces | $22,500 |
101-500 spaces | $30,000 |
501+spaces | $37,500 |
(c)
[Ord. No. 2016-13; Ord. No. 2018-16]
Variances | Escrow | |
|---|---|---|
Appeals under 40:55D-70a | $500 | |
Interpretation or special questions under 40:55D-70c | $500 | |
Variances under 40:55D-70c | Residential $300 per new variance. No escrow payment will be required for existing variances that are not expanded, enlarged or increased as defined in subsection 30-7.3 Nonresidential $500 per new variance. No escrow payment will be required for existing variances that are not expanded, enlarged or increased as defined in subsection 30-7.3 | |
Variances under 40:55D-70d | $1,000 | |
(d)
Conditional Use | $750 in addition to site plan escrow amount | |
(e)
Extension of Approval | $500 | |
(f)
Informal Review | ||
|---|---|---|
Minor subdivision or site plan | $500 | |
Major subdivision or site plan | $1,000 | |
m.
Inspection and Engineering Fees.
[Ord. No. 2016-13]
1.
Inspection escrow fees for subdivision and/or site plans shall be 5% of all bonded improvements.
2.
Additional Inspection Fee Escrow for Excess Borough Expenses. If the municipal agency determines that a proposed development involves unusual or complicated aspects which could result in expense to the Borough in excess of the inspection fees set forth above, the municipal agency may, as a condition of, or of any extension of or amendment to, final approval, require the developer to provide an additional escrow deposit. Expenses in excess of the normal inspection fees may be deducted from the escrow deposit. Any balance shall be returned to the applicant upon release of performance guarantees and/or issuance of a final certificate of occupancy. In determining the amount of any escrow required, the municipal agency may consider: the duration and size of the project; unusual design aspects; the degree and extent of municipal inspection required and the extent of conformity to normal municipal design standards.
3.
Engineering Fees.
[Ord. No. 2016-05; amended 12-19-2022 by Ord. No. 2022-18]
Engineering (Fees restated at subsection 2-56.1, Fee Schedule) | |
Professional Services for Applications to the Planning Board or Zoning Board per MLUL N.J.S.A. 40:55D-53.2 (charged to escrow accounts) | $130-180/hour |
Engineering Inspection Certificate Fee (prior to issuance of Certificate of Occupancy) | $150 |
Reinspection Fee | $75 |
Site Visit Inspection | $150 |
Engineering Development Fee Review | $300 |
Resubmittal Review | $75 |
n.
Reproduction Fees. Costs for reproduction of plats, attachments, maps or other supporting documentation, maps or other supporting documentation shall be paid in full by the requestor prior to release in accordance with current Borough requirements.
o.
Tax Map Revision Fees. A fee of $150 per lot or unit shall be charged for all minor and major subdivisions, residential unit site plans or condominium or cooperative residential or commercial development to cover the cost of revising the Borough tax map. This fee shall be paid prior to signing of the final plat of a major subdivision by the Chairman and the Secretary of the Municipal Agency and Borough Engineer/Surveyor.
p.
Revised Plats. Any proposed revisions to a plat, including all supporting maps and documents, previously approved by the Planning Board or Board of Adjustment, which approval is still in effect, shall require submission of a revised plat and payment of fees in accordance with current Borough requirements.
1.
Where changes in the plat are requested by the Municipal Agency or Borough Engineer, no fees need be paid and only sufficient copies of the plat incorporating the changes as may be necessary for distribution need be submitted.
2.
Where there are only minor changes in the plat proposed by the applicant or required by another governmental agency where approval was a condition of the Planning Board or Board of Adjustment approval, which do not involve any additional building or parking or, in the opinion of the Administrative Officer, significant change in the design of the site or subdivision, an application fee of $50 be required along with sufficient copies of the plat incorporating the changes as may be necessary for distribution.
3.
Where there are changes in the plat proposed by the applicant, or required by another governmental agency whose approval was a condition of the Planning Board or Board of Adjustment approval, which involve additional building or parking or, in the opinion of the Administrative Officer, a significant change in the design of the site or subdivision, an application fee equal to one-half the fee required for the initial submissions, will be required along with sufficient copies of the plat incorporating the changes as may be necessary for distribution.
4.
Where the proposed changes involve a change in use and/or, in the opinion of the Administrative Officer, a major alteration of the design concepts of the plat approved by the Municipal Agency, it shall be considered a new application and shall require the full payment of fees as set forth in this section for new applications for development.
q.
Grading Permit. Application for engineering review of individual plot house location/grading plans for fill over 10 cubic yards, $100.
r.
Site Plan Charges Computation for Partial Site Developments. In cases where only a portion of a parcel of site is to be involved in the proposed site plan, a site area charge may be charged based upon an area extending 20 feet outside the limits of all construction including grading and landscaping as well as all other areas of site the Borough Engineer believes are reasonably affected by the development application. The 20 feet around disturbed areas shall not extend beyond the property lines. The Borough may still require reasonable improvements and upgrading to portions of the site not within the disturbed or affected areas.
s.
Supervision.
1.
No contractor, builder, developer or subcontractor shall engage any personnel in any of the work on constructing any improvements unless they are continually supervised by a competent, English-speaking supervisor acceptable to the Borough Engineer.
2.
No less than five days prior to commencing construction of any improvements on the site, the developer or his agent shall provide the Borough Engineer with the names, addresses, phone number and emergency phone numbers of the subdivider and/or a representative empowered to act for the developer and/or each contractor and their supervisor in charge of the construction, setting forth the aspects of construction for which each is responsible.
t.
Inspection, Testing and Engineering Administration Fees. Prior to signing of any final plat, issuance of a development permit or the start of construction of any more improvements, required by the provisions of this section, the developer shall deposit by cash or certified check with the Borough Clerk an amount determined from the schedule of inspection fees. The amount shall be used to defray the cost of inspection, testing, engineering, administration, and other costs, and fees paid by the Borough in connection with the inspection and acceptance of the installation of the required improvements. All moneys received on account of engineering and inspection fees shall be deposited by the Borough in an appropriate account. The Borough shall arrange for the Borough Engineer, the appropriate municipal officials or other qualified persons to provide all necessary administrative and engineering services.