Keansburg City Zoning Code
§ 22-3.14
Fees.
[Ord. #1045, § 3.14; Ord. #1063, §§ III, IV; Ord. #1533; Ord. No. 1590]
The developer shall, at the time of filing an application, pay a nonrefundable fee to the Borough of Keansburg 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 fee to be paid shall be the sum of the fees for the component elements of the plat or plan. Proposals requiring a combination of 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 fees for an informal review or for the review of a request for a change of the master plan or development regulations shall be a credit toward fees for review of the 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.
a.
Application for Development Permit: $10.
e.
Major Site Plan Approval:
1.
Each Informal Review: $300.
2.
Preliminary Application Fee: $300.
3.
Preliminary Approval Review Fees.
(a)
(b)
Other Uses: The sum of $100 plus
(1)
For each full 1,000 square feet of lot area $20.
(2)
For each full 500 square feet of proposed new gross floor area $20.
(3)
For each proposed new or additional parking space $25.
(4)
For each 1,000 square feet of remodeled existing gross floor area, plus $10.
(5)
For each reconstructed, resurfaced or improved existing paved parking space, plus $15.
(6)
For each proposed free standing sign $50.
4.
Final Approval: 50% of the fees for preliminary approval noted above.
f.
g.
Conditional Uses: $250.
h.
Public Hearing:
For those development applications which require public notice and hearing: $50
i.
Reproduction of Records:
Duplication of tape recordings: $75/meeting
j.
Change of Master Plan or Zone Request Application:
k.
Environmental Impact Report (EIR):
For those development applications which require review of an EIR | $400 |
List of property owners furnished - or $10, whichever is greater | $0.25 per name |
l.
Refundable Application Escrow Fees. The fees required by this subsection shall be for the purpose of reimbursing the Borough for direct fees, costs, charges and expenses of an extraordinary nature made by the professional consultants retained by or on behalf of the Borough and/or its boards, commissions or agencies in reviewing, testifying and/or assisting the Borough in the evaluation, planning and proper design of municipal services and facilities necessary to accommodate the present or anticipated needs of a proposed development. Said refundable application escrow fee shall be calculated at three times the total application fee.
1.
The Municipal Agency shall require escrow fees for applications seeking approval for 10 or more lots, or for 10 or more dwellings; or for 10,000 or more square feet of floor area.
If an escrow fee is required, charges and expenses of an extraordinary nature made by professional consultants will be considered to be those costs which exceed 50% of the non-refundable application fees posted pursuant to subsection 22-3.14l. Such charges and expenses of an extraordinary nature incurred as a direct or indirect result of a development application may be charged to the Refundable Application Escrow Fees.
2.
Within 45 days after filing of an application for development, the Municipal Agency may, in conjunction with appropriate representatives of the staff of the Borough review any application for development to determine whether the escrow amount set forth in subsection 22-3.14l hereof is required and/or adequate. In conducting such review, the Municipal Agency shall consider the following criteria:
(a)
The presence or absence of public water and/or sewer servicing the site.
(b)
Environmental considerations, including but not limited to geological, hydrological and ecological factors.
(c)
Traffic impact of the proposed development.
(d)
Impact of the proposed development on existing aquifer and/or water quality.
(e)
Unusual features of the application including design complications, alternates, multiple revisions, uniqueness of designs and other factors.
Upon completion of the review and within the forty-five-day period, the Municipal Agency shall adopt a resolution specifying whether the escrow amount specified is required and/or sufficient, excessive or insufficient. In the event the Municipal Agency shall determine that the amount is excessive, it shall in the resolution, specify the amount that shall be deemed sufficient, including a specification, if appropriate, that no escrow be posted. The Municipal Agency's failure to adopt a Resolution within the forty-five-day period, or such extension as may be consented to by the applicant, shall be considered a determination that no escrow is required. A determination that no escrow is required shall not prevent the Municipal Agency from requiring an escrow upon a future revision or amendment of an application or upon a finding by the Municipal Agency that information disclosed subsequent to the original forty-five-day period requires the provision of an escrow. In the event the Municipal Agency shall determine the amount specified above is insufficient, it shall so specify and shall set forth the amount required to be posted in light of the criteria specified herein. Prior to an application being determined complete, the applicant shall post the required escrow amount as set forth in the Municipal Agency's Resolution as provided for above, with the Administrative Officer in the form of cash, certified check or money.
3.
If, during the pendency of an application, the amount of the escrow account has been depleted to 20% of the original escrow amount, the Administrative Officer shall notify the Municipal Agency. The Municipal Agency shall again evaluate the application, as provided for above, and notify the Administrative Officer and applicant shall immediately deposit the additional escrow amount with the Administrative Officer and notify the Municipal Agency that the required deposit has been made. In the event that it is necessary for a Municipal Agency to take action on an application prior to the additional escrow deposit being made, any approval shall be conditioned upon the escrow deposit being made.
4.
Upon request of an applicant, the Administrative Officer shall furnish the applicant with a statement of all disbursements made during the development review process. All bills, invoices or vouchers submitted by professionals or experts relating to an application shall specify the services performed for said application. Unit charges (i.e. per diem or hourly fees) of the professional or experts shall be in accordance with unit charges contracted for with the Municipal Agency or with the Borough. All escrow funds not expended shall be refunded to the applicant within 60 days after the applicant requests a refund, provided the Municipal Agency has taken final action on an application, or the application has been withdrawn or dismissed.
5.
Whenever the amount of the fees paid to the Borough pursuant to this section exceeds $5,000 the Borough shall notify the applicant in writing of the name and address of the depository and the amount of the deposit. If the amount of interest earned on the cash deposit exceeds $100 per annum, that entire amount shall belong to the applicant/developer and shall be refunded to him by the Borough annually or at the time the deposit is repaid or applied to the purposes for which it was originally deposited, as the case may be, except that the Borough may retain for administrative expenses not more than 33 1/3% of the entire interest amount.
6.
Refundable Application Escrow Fees. Development applications involving residential and nonresidential construction will be subject to all escrow determined by adding the residential and nonresidential components shown below:
Residential | Escrow |
|---|---|
Minor Subdivision | $500 |
0 to 24 Units or Lots | $2,000 |
25 to 50 Units or Lots | $5,000 |
51 to 150 Units or Lots | $8,000 |
151 to 500 Units or Lots | $20,000 |
500+ Units or Lots | $30,000 |
Commercial Development |
NOTE: Use the greater of the escrow amounts determined from the floor area and parking space tables below: |
Escrow | |
|---|---|
Based on Floor Area | |
0 to 1,000 Square Feet, GFA | $500 |
1,001 to 10,000 Square Feet, GFA | $2,000 |
10,000 to 50,000 Square Feet, GFA | $4,000 |
50,001 to 100,000 Square Feet, GFA | $7,000 |
100,000 + Square Feet, GFA | $10,000 |
Based on Parking Spaces | |
0 to 5 spaces | $500 |
6 to 25 spaces | $4,000 |
26 to 100 spaces | $10,000 |
101 to 500 spaces | $18,000 |
501+ spaces | $25,000 |
m.
Non-Refundable Inspection Fees:
1.
Minor Site Plan. No inspection fees shall be required for a minor site plan unless bonded improvements are required as part of the site plan approval. If a minor site plan requires bonded improvements an inspection fee of $250 shall be paid by the applicant.
2.
Major Site Plan. Required inspection fees shall be paid prior to issuance of a development permit or signing of a final plat or, when authorization has been granted pursuant to the provisions of this ordinance, prior to the start of construction of any improvements before final plat approval. Such fees shall be paid for the section or sections for which final approval has been granted or in which the developer proposes to install improvements prior to final approval.
Inspection fees for major site plan shall be:
3.
Off-site Public Improvements in Connection with Site Plans or Subdivisions. Inspection fees shall be the same as those required for major subdivisions.
4.
Major Subdivisions. Required inspection fees shall be paid prior to issuance of a development permit or signing of a final plat, or where authorization has been granted pursuant to the provisions of this Chapter, prior to the start of construction of any improvements before final plat approval. Such fees shall be paid for the lots in the section or sections granted or in which the developer proposes to install improvements prior to final approval.
Inspection fees for major subdivisions shall be determined from the following table:
Amount of Performance Guarantee Estimate | Inspection Fees for Major Subdivision |
|---|---|
Less than $200,000 | 10% of the Performance Guarantee Estimate ($1,000 minimum) |
At least $200,000, but less than $1,000,000 | $20,000 plus 7% of the excess over $200,000 |
At least $1,000,000 but less than $5,000,000 | $76,000 plus 5% of the excess over $1,000,000 |
$5,000,000 or more | $276,000 plus 4% of the excess over $5,000,000 |
n.
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.
o.
Reproduction Fees. Costs for reproduction of plats, attachments, maps or other supporting documentation shall be paid in full by the requestor prior to release in accordance with current Borough requirements.
p.
Tax Map Revision Fees. A fee of $25 plus four $4 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 Planning Board and Borough Engineer/Surveyor.
q.
Revised Plats. Any proposed revisions to a plat, including all supporting maps and documents, previously approved by the Planning Board, which approval is still in effect, shall require submission of a revised plat and payment of fees in accordance with the following:
[Amended 5-18-1999 by Ord. No. 1258 ]
1.
Where changes in the plat are requested by the Planning Board 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 approval, which do not involve any additional building or parking or significant change in the design of the site or subdivision, an application fee of $50 will 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 approval, which involved additional building or parking or 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 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.
s.
Certificate as to Approval of Subdivision of Land $50.
t.
Certificate of Pre-existing Use $50.
u.
Grading Permit Application for Engineering Review of Individual Plot House Location/Grading Plans for fill over 10 cubic yards $100.
v.
Site Plan Charges Computation for Partial Site Developments. In cases where only a portion of a parcel of site are 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.
w.
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 in 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.
x.
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 improvements required by the provisions of this Chapter, the developer shall deposit by cash or certified check with the Borough Clerk an amount determined from the schedule of inspection fees. Said 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 monies 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.
y.
Legal Reviews. When any development proposal given preliminary approval by the Municipal Agency requires the review of a master deed, a certificate of incorporation and by-law of any Homeowner's Association, the form of unit deed to be utilized and all relevant documents required by the condominium law or other applicable law and regulations and easements and dedications, the applicant shall pay a fee at the rate of $85 per hour for such review prior to the applicant filing for final approval.
z.
Application Fees/Escrow Charges for Flood Plan Management.
1.
Application Fees. An application/appellant appealing the said decision of the Borough Manager or his/her designee in the said regard shall, at the time of the filing of the said appeal, be required to pay a nonrefundable application fee to the Borough of Keansburg, in the amount of $100.
2.
Refundable Escrow Charges/Fees. An applicant/appellant appealing the said decision of the Borough Manager or his/her designee in the said regard shall, at the time of the said appeal, be required to post a potentially refundable escrow fee, made payable to the Borough of Keansburg, in the amount of $500.
3.
The escrow charges required by the within paragraph z, which shall be supplemented, as necessary, depending upon the nature/length/complication of the request/appeal, shall be for the purpose of reimbursing the Borough of Keansburg for its direct fees, costs, charges, and other expenses of an extraordinary and/or routine nature made or performed by the professional consultants retained by or on behalf of the Borough and/or its boards, commissions, or agencies in reviewing, testifying, and/or assisting the Borough/Board in reviewing and evaluating the requested relief, the impacts of the same, and other matters associated therewith. Charges in the said regard shall include, but not be limited to, engineering fees, attorney fees, architectural fees, planning fees, and the like. The escrow charges collected hereunder shall be dispersed, released, and paid to the Borough's professionals in accordance with the prevailing provisions of Borough procedure (as may be amended from time to time) and in accordance with the prevailing requirements of the New Jersey Municipal Land Use Law (as may be amended from time to time).
4.
Upon conclusion of the appeal process, and upon the conclusion of professional/consultant work associated therewith, any unused escrow shall be returned to the appellant. Any such return or unused escrow shall be effectuated in accordance with prevailing Borough procedure, as may be amended from time to time.