Fair Lawn City Zoning Code
ARTICLE X
Fees
§ 125-85 Miscellaneous fees.
The following fees are established for application for:
A.
Proposed subdivision classification: $300.
B.
Preliminary approval for major subdivision (up to four lots): $1,000.
(1)
For each additional lot: $150.
C.
Final approval for major subdivision: $600.
D.
Minor subdivision approval: $600.
F.
Site plan:
(1)
Combined final and preliminary plan minimum fee: $600.
(2)
Each additional one-acre lot after first one-acre lot: $200.
(3)
Each additional 1,000 square feet of floor area after of building after first 5,000 square feet of floor area of building: $100.
[Amended 8-17-2010 by Ord. No. 2192-2010]
(4)
Additional hearings, if required on incomplete applications: $250.
G.
Conceptual plan (regular meeting). The amount of any fees for conceptual review shall be a credit towards fees for review of the application for development:
H.
Special meeting (if requested by applicant): $1,500.
I.
Escrow fees for subdivision, site plan or zoning variance. Pursuant to N.J.S.A. 40:55D-53.2, the following amounts shall be required as escrow fees for technical review of applications for development (as defined in N.J.S.A. 40:55D-3):
[Amended 2-26-2002 by Ord. No. 1894-2002]
(1)
For residential property, an initial sum not to exceed $1,000.
(2)
For nonresidential property, an initial sum not to exceed $10,000.
[Amended 2-11-2003 by Ord. No. 1933-2003]
(3)
The Borough Engineer/Zoning Officer, as applicable, shall set the amount of the initial deposit as follows. The criteria for the initial deposit for an application for development proposing a subdivision shall be calculated based on the number of proposed lots. The initial deposit for an application of development proposing a site plan shall be based on one or more of the following criteria:
(4)
Section 125-85Q(1) through (4) is incorporated herein by reference and shall apply to escrow fees for technical review for subdivision, site plan or zoning variances as applicable.
J.
Residential variance (bulk): $100.
[Amended 3-11-2008 by Ord. No. 2108-2008]
(1)
Each additional bulk variance: $25.
K.
Interpretation of code: $300.
[Amended 3-11-2008 by Ord. No. 2108-2008]
L.
Use variance, residential: $400.
[Amended 3-11-2008 by Ord. No. 2108-2008]
M.
Nonresidential variance (bulk): $250.
N.
Nonresidential variance (use): $600.
[Amended 3-11-2008 by Ord. No. 2108-2008]
(1)
Each additional use variance: $250.
O.
Zoning Ordinance and Map: $40.
P.
Sign variation: $250.
[Amended 3-11-2008 by Ord. No. 2108-2008]
Q.
Inspection fees:
(1)
The applicant shall pay to the Borough an inspection fee certified by the Borough Engineer as being based upon the amount of staff time required to inspect on-tract and off-tract improvements and determine completion. The inspection fee payment shall be submitted to the Borough Treasurer/Chief Financial Officer for deposit in a trust fund as an escrow deposit prior to any construction of improvements or the issuance of permits.
(2)
In the event that the Borough Engineer's estimate is insufficient to meet the costs of the aforesaid inspections, the applicant shall be required to reconstitute the escrow deposit in amount to be set by the Borough Engineer.
(3)
The applicant shall be notified of the required escrow deposit and the failure to pay same shall be grounds for dismissal of the application or postponement of the issuance of a certificate of occupancy as the case may be.
(4)
All escrow charges which are due and owing shall become a lien upon the property which is subject of the development application and shall remain so until paid. Overdue escrow charges shall accrue the same interest as established for real property taxes in the Borough. The Borough shall have the same remedies for collection of escrow charges with interest, cost and penalties as it has by law for the collection of taxes upon real property.
R.
Pursuant to N.J.S.A. 52:27D-126.e, any disabled person, as defined in the aforesaid statute, or a parent or sibling of a disabled person, be and they are hereby exempt from any fee or charge which would be imposed in order to secure a construction permit for any construction, reconstruction, alteration or improvement which promotes accessibility to the disabled person's own living unit.
[Added 3-27-2001 by Ord. No. 1849-2001]
T.
Review is required for impervious coverage, setback and zoning compliance, a zoning permit is required prior to work and issuance of a building permit, and the fee shall be $30 for the following:
[Added 8-17-2010 by Ord. No. 2192-2010]
U.
Review is required for variances, site plan, bulk requirements and zoning compliance, a zoning permit is required prior to work and issuance of a building permit, and the fee shall be $45 and the resubmittal fee shall be $25 for the following:
[Added 8-17-2010 by Ord. No. 2192-2010]
V.
Review is required for bulk requirements and zoning compliance, a zoning permit is required prior to work and issuance of a building permit, and the fee shall be $150 and the resubmittal fee shall be $25 for the following:
[Added 8-17-2010 by Ord. No. 2192-2010]
§ 125-86 Escrow fees for professional services.
A.
Developer(s) and/or applicant(s) applying for development approval or presubmission conferences shall be chargeable with the reasonable costs of services required to be performed by any professional appointees of the Borough and its various boards and agencies, including but not limited to engineers, accountants, attorneys, consultants and the like, for services arising out of such development application, conferences, agreements and related matters.
B.
For the purpose of providing for the payments of such professional services, the Borough and its various boards and agencies may require, through agreements with such developer(s) or applicant(s) the posting of reasonable escrows for the payment of services, which agreements may be incorporated within any agreements entered into between the Borough, its Boards and agencies and such developer(s) and/or applicant(s). The amount of escrow required shall be determined by the respective body for whom the services shall be rendered and may be supplemented from time to time as required by the respective body upon its reduction or exhaustion. All balances not utilized shall be returned to the provider of same upon the completion of the applicable services required. In the event that the funds in the escrow account should become depleted prior to the completion of the application procedure and additional funds are needed to cover the cost of processing said application, the applicant shall deposit sufficient additional funds. In order to expedite the processing of applications by the Board, the secretary of the Board shall notify the applicant immediately upon the depletion of funds in the escrow account or as soon as an insufficiency of funds becomes evident or is expected. The Board shall not process and/or take action on the application unless all fees and deposits required in the manner described above shall have been paid by the applicant.
C.
Payment for services from the escrow account established hereunder shall be paid by the Borough Treasurer/Chief Financial Officer after presentation to him/her of a duly executed voucher in accordance with the procedures established in § 2-117 of the Code of the Borough of Fair Lawn.
D.
Any deposit of an escrow account in excess of $5,000 either for professional services or in satisfaction of guaranty requirements (as defined in N.J.S.A. 40:55D-53) shall be treated by the municipality in accordance with the provisions of N.J.S.A. 40:55D-53.1.