Zoneomics Logo
search icon

Lake Como City Zoning Code

§ 17-15.1

Reviews and Hearings.

[Ord. No. 90-535; Ord. No. 2005-756]
Every application for site plan/subdivision review or requests for variance relief shall be accompanied by a check payable to the Borough of Lake Como. A zoning application shall be submitted prior to any application for site plan/subdivision review or requests for variance relief. The cost of the zoning permit shall be $70; the amount of $25 shall be used to cover administrative costs and the remaining $25 shall be used to cover the Zoning Officer's review fee which is in addition to his base salary.
a. 
Subdivision:
1. 
Minor Subdivision: $400.
2. 
Major Subdivision - Preliminary plat: $550 plus $50 per lot based on the total number of lots in the subdivision.
3. 
Final Plat: One-half of the preliminary plat fee.
b. 
Site Plan:
1. 
Preliminary Site Plan:
(a) 
Residential: $550 plus 50 per unit.
(b) 
Nonresidential: $550 per acre of the entire tract or $50 per 1,000 square feet of gross floor area, whichever is greater.
(c) 
Conditional Use: $150
2. 
Final Site Plan: One-half of the preliminary plat fee.
c. 
Variances:
1. 
Appeals to action of an administrative officer pursuant to N.J.S.A. 40:55D-70a: $100.
2. 
Interpretation of the Zoning Ordinance or Map and Official Map pursuant to N.J.S.A. 40:55-70b: $300.
3. 
Hardship variance(s) pursuant to N.J.S.A. 40:55D-70c(1): $150.
4. 
Deviation variance(s) pursuant to N.J.S.A. 40:55D-70c(2) and N.J.S.A. 40:55D-60: $300.
5. 
Use variance pursuant to N.J.S.A. 40:55D-70d:
(a) 
Residential: $500, plus $100 per dwelling unit.
(b) 
Nonresidential: $500 per acre of the entire tract or $50 per 1,000 square feet of gross floor area, whichever is greater.
d. 
Informal Review:
1. 
Conceptual presentation before the appropriate municipal agency: $75 to $125.
2. 
Review of conceptual presentation by municipal staff: $300 per review requested by the applicant from each legal, engineering, environmental, traffic, planning, landscaping, etc., discipline.
3. 
Informal review fees shall be credited toward development review fees imposed by this Section 17-15, fees, etc., pursuant to N.J.S.A. 40:55d-10.1.
e. 
Waiver. Submissions before the Municipal Agency for a waiver of site plan: $70, plus $300 per review required by the municipal agency.
f. 
Amendment of Approval:
1. 
Amendment of preliminary or final plat or plan previously approved determined to be of minor nature by the municipal agency: $25.
2. 
Amendment of preliminary or final plat or plan previously approved determined to be nonsubstantial by the municipal agency: $100, plus $250 per review.
3. 
Amendment of preliminary or final plat or plan previously approved determined to be substantial by the municipal agency: full fee as required by Section 17-15, Fees.
4. 
Application for extension of time of site plan or subdivision approval pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.): $100.
5. 
Application for extension of time to complete required improvements pursuant to N.J.S.A. 40:55D-56.3b: One thousand ($1,000) dollars, plus two hundred fifty ($250) dollars per review required by the municipal agency for review from each of legal, engineering, environmental, traffic, planning, landscaping, etc., disciplines.
g. 
Appeal to Governing Body. Any appeal to the Borough Council of actions taken pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.): $500.
h. 
Special Meetings. Upon the request of an applicant for a dedicated special meeting to review the submission before the appropriate municipal agency.
1. 
Prior to the elapse of the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) time limits for decision: $1,000 per special meeting.
2. 
After the elapse of said time limits: No fee.
i. 
Review Deposits:
1. 
The applicant shall deposit with the Borough monies to be utilized to pay the cost of any professional fees, including costs for the Engineer and/or Planner, incurred for review of a submission for development. Said money shall be placed in an escrow account pursuant to Section 17-16, Escrow Deposits.
2. 
No submission shall be deemed complete until such time as the applicant shall have posted with the Borough in cash, certified check or money order the amount of escrow determined herein. The amount of fees to be posted shall be:
Development Application
Escrow to Be Posted
Residential
(Units and/or Lots)
1
No Fee
2 to 4
$250
5 to 25
$1,000
25 to 100
$2,000
101 to 250
$3,000
251 to 1,000
$4,000
1,001 plus
$5,000
Development Application
Escrow to Be Posted
Commercial/Industrial:
Proposed addition or expanded
structures involving gross floor area of:
(square feet)
0 to 1,250
$500
1,251 to 10,000
$1,000
10,001 to 20,000
$2,000
20,001 to 30,000
$3,000
30,001 plus
$5,000
3. 
Upon the determination of completeness, the Administrative Officer shall review the submission to determine whether the escrow amount set forth herein and posted by the applicant is adequate to fund the review of the submissions. The Administrative Officer shall consider the following criteria in making such determination:
(a) 
Presence of critical areas as identified by the Borough of Lake Como Master Plan.
(b) 
Traffic impact of the proposed development.
(c) 
Impact of the proposed development on existing aquifers and water quality.
4. 
The Administrative Officer shall then determine whether the escrow amount specified is sufficient, excessive or insufficient. Such determination shall be filed with the municipal agency and the applicant. In the event that the amount posted is deemed to be excessive or that no escrow amount is required, the same shall be refunded within 30 days pursuant to Section 17-16, Escrow Deposits. In the event that additional monies are required, that the municipal agency shall make a determination which shall be deemed binding upon the parties.
5. 
In the event that the applicant or the municipal agency disagrees with the determination of the Administrative Officer of the escrow fee amount, then the municipal agency shall make a determination which shall be deemed binding upon the parties.
6. 
All such escrow funds shall be utilized by the Borough to pay the cost of any professional fees incurred by the municipality for review and/or testimony in connection with the applicant's sub-mission. All sums not actually so expended shall be refunded to the applicant within 60 days after the final determination by the municipal agency.
7. 
If additional monies were expended over the posted escrow amount, the applicant shall pay such monies within 30 days of notification. Payment of such monies shall be a mandatory condition of approval of all action taken by the municipal agency. No building permit shall be issued until all such fees are paid.
j. 
Calculation of Fees.
1. 
Submissions involving more than one use shall pay a fee equaling the sum of the fees for the component elements of the plan.
2. 
Submissions involving a combination of approvals filed concurrently, including but not limited to subdivision, site plan and/or variance, shall pay the highest fee in full, plus 1/2 of each other fee applicable for each additional approval required.
3. 
Submissions involving a combination of approvals, not filed concurrently, shall pay the full fee as imposed herein.
4. 
Where a submission involves part of a unit of measure on which a fee is based, said unit of measure shall be rounded upward to the next whole unit.
k. 
Refund.
1. 
Submissions withdrawn at the request of the applicant prior to the commencement of the completeness review shall be entitled, upon application, to a refund of 90% of the fees paid herein and 100% of all escrow amounts posted with interest, less administrative fees pursuant to Section 17-16, Escrow Deposits.
2. 
Submissions withdrawn at the request of the applicant prior to the commencement of the hearing on the application shall be entitled upon application to a refund of 50% of the fees paid herein.
3. 
Submissions withdrawn at any other time at the request of the applicant shall not be entitled to any refund.
4. 
All such refunds shall be paid within 30 days of request.
l. 
Implementations.
1. 
Submissions filed after the effective date of this chapter shall submit fees specified herein at the time of filing.
2. 
Submissions presently filed but without a final determination by the municipal agency shall submit fees specified herein based upon accrual expenditures within 30 days of notification.