Merchantville City Zoning Code
ARTICLE XVIIA
Violations, Penalties and Fees
§ 94-107 Violations and penalties.
If any building or structure shall be erected, constructed, extended or added to in violation of this chapter or any building, structure or land used or maintained in violation of this chapter, any person, firm or corporation so offending shall be subject to a fine of not more than five hundred dollars ($500.00) for each day such a violation shall continue, to be collected in the manner provided by law.
§ 94-108 Fees.
A.
The fees set forth in this section are identified either as application fees or escrow fees. The application fee is payable to the Borough of Merchantville and is a flat fee to cover direct administrative expenses and is nonrefundable. The escrow fee shall be placed in an escrow fund with the Borough Treasurer. Said fund shall be used to pay the fees of any professional personnel employed to process, review, inspect and make recommendations on said application, together with any costs or expense, such as preparation of a transcript of the concerned hearing or hearings or a duplication of the respective tape recordings. Application fees and escrow fees are to be made commensurate with or prior to the filing of the application. In the event that the escrow deposited by the applicant exceeds the actual costs incurred, the balance of moneys on deposit with the Borough Treasurer shall be returned to the applicant. If at any time it becomes evident that the escrow fund is or will be insufficient to cover the expenses as set forth above, said funds shall be increased as required by the Planning Board or Zoning Board of Adjustment or Historic Preservation Commission by notification to the applicant. The applicant shall submit a cashier's check in the amount of such additional charges, payable to the Borough of Merchantville, to the Zoning Officer who shall then notify the appropriate board of the availability of such funds. All costs incurred by the Planning Board or Zoning Board of Adjustment or Historic Preservation Commission in obtaining engineering, stenographic, legal, planning or other professional services relating to and arising out of the application review shall be payable by the applicant and shall be deducted from the applicant's deposit. Any unexpended funds remaining in this deposit shall be returned to the applicant following disposition of the application. Escrow deposits shall be administered in accordance with the requirements of N.J.S.A. 40:55D-53.2. If the escrow account is depleted or in arrears, no further action shall be taken on such application until the applicant has satisfied its obligations to fund the escrow account. In the event approval has been secured from either the Planning Board or Zoning Board of Adjustment or Historic Preservation Commission and it becomes apparent that the account will be insufficient to cover all professional expenses, the account shall be funded to cover such expenses, and in the event that the applicant is unwilling or unable to meet its obligations hereunder, no further permits shall be issued in connection with the development.
[Amended 10-13-2004 by Ord. No. 04-19]
B.
In the event an application involves more than one (1) application, such as a variance and a site plan, the total fee to be paid shall be the total of all the fees called for herein.
(1)
Fees enumerated. The appropriate fees and escrow requirements for an occupancy permit, variance, major site plan review, minor site plan review, fence review, Historic Preservation Commission review, certification of appropriateness, a certified list of property owners and/or a zoning permit as required under this chapter are set forth in Chapter 25, Fees, of the Code of the Borough of Merchantville.
[Added 4-8-2013 by Ord. No. 13-05]
(2)
An application fee for a zoning permit for change of tenancy and/or use shall not be required if there are other fee payments to be submitted as required under the provisions of Subsections C(2) through C(6) of this section, or for which a fee is required under the provisions of the New Jersey Uniform Construction Code.
[Added 4-8-2013 by Ord. No. 13-05]
C.
Fees enumerated.
[Ord. No. 13-06, adopted 4-8-13 established the fees in Borough Code Chapter 25]
(1)
Occupancy permit. An application fee shall be submitted with the application for each occupancy permit, made payable to the Borough of Merchantville. This fee shall also apply to an occupancy permit for a change of tenancy, as defined herein.
(2)
Variance.
(a)
All applications made to the Merchantville Planning Board for hearings and relief as specified in N.J.S.A. 40:55D-70(a) and (b) shall be accompanied by a fee and the posting of an escrow fee.
[Amended 1-24-2005 by Ord. No. 05-01; 5-8-2006 by Ord. No. 06-04]
(b)
All applications made to the Merchantville Planning Board for hearings and relief as specified in N.J.S.A. 40:55D-70(c) and (d) shall be accompanied by a fee and the posting of an escrow fee.
[Amended by 5-8-2006 by Ord. No. 06-04]
(3)
Major Site Plan Review. There shall be a fee for each application for preliminary or final approval of a major site plan. In addition, an escrow fee shall accompany each application.
[Amended 5-8-2006 by Ord. No. 06-04]
(4)
Minor Site Plan Review. There shall be a fee for each application qualifying as a minor site plan. In addition, an escrow fee shall accompany each application, but this escrow fee shall be waived for change of use, a sign application and for exterior changes visible from a public street, way or place.
[Amended 10-13-2004 by Ord. No. 04-19; 5-8-2006 by Ord. No. 06-04]
(5)
Fence. A fee shall be submitted with each application for a fence erected pursuant to Section 94-13. With respect to a fence to be erected which is not compliant with Section 94-13 of this chapter, a fee shall be submitted with each application, together with an escrow fee if required.
[Amended 11-22-2004 by Ord. No. 04-24; 1-24-2005 by Ord. No. 05-01]
(6)
Historic Preservation Commission Review. There shall be an application fee for each application for new construction, whether the application is for a Certificate of Appropriateness or for review of an application for development and/or zoning changes referred to the Commission by the Planning Board pursuant to Section 94-51.6 of this Zoning Chapter. There shall be an application fee for each application for alterations, additions or for demolition, whether the application is for a Certification of Appropriateness or for review of an application for development and/or zoning changes referred to the Commission by the Planning Board pursuant to Section 94-51.6 of this Zoning Chapter. There shall be an application fee for any other application for a Certificate of Appropriateness or for review of any other application for development and/or zoning changes referred to the Commission by the Planning Board pursuant to Section 94-51.6 of this Zoning Chapter.
There shall be an escrow fee for each application for demolition, whether the application is for a Certificate of Appropriateness or for review of an application for development and/or zoning changes referred to the Commission by the Planning Board pursuant to Section 94-51.6 of this Zoning Chapter. These applications and escrow fees shall be in addition to the fees regularly charged by the Planning Board for any other approval required for the project.
[Amended 10-13-2004 by Ord. No. 04-19]
(7)
A fee shall be submitted with each request for a certified list of property owners secured from the Borough Clerk in accordance with the provisions of § 94-92 of this chapter.
(8)
Zoning permit. An application fee shall be submitted with the application for each zoning permit, made payable to the Borough of Merchantville. This application fee shall only be required if there are no other fee payments to be submitted as required under the provisions of Subsections C(2) through (6) of this section, or for which a fee is required under the provisions of the New Jersey Uniform Construction Code.
(9)
Satellite Dish Antenna. No satellite earth station antenna, inclusive of its mount, shall be built, erected or modified unless a construction permit is issued by the Construction Official. Any person (which shall include corporations, partnerships, associations or any other legal entity) applying for such a permit shall furnish to the Construction Official such plans, drawings and specifications as he or she may reasonably require as to the satellite earth station antenna to be constructed, erected or modified and shall pay a fee equal and equivalent to the sum of six ($6.00) dollars per $1,000.00 of the value of the cost of said construction and installation of said satellite antenna commonly known as a "satellite dish." In no case shall the fee be less than fifty ($50.00) dollars for a satellite dish antenna to be erected pursuant to Section 94-9.
[Added 8-10-2009 by Ord. No. 09-11]