North Brunswick City Zoning Code
ARTICLE XXXVI
Fees; Deposits; General Provisions
§ 205-139 Fees and escrow deposits.
[Amended 3-17-1986; 10-20-1986; 9-15-1997 by Ord. No. 97-13; 5-1-2000 by Ord. No. 00-9; 9-15-2008 by Ord. No. 08-25]
A. IN-HOUSE PROFESSIONALS OUTSIDE PROFESSIONALS PROFESSIONAL SERVICES
Definitions. As used in this section, the following terms shall have the meanings indicated:
Engineers, planners, attorneys and other professionals whose salary, staff support and overhead are provided by the Township.
Engineers, planners, attorneys and other professionals whose salary, staff support and overhead are not provided by the Township of North Brunswick. Outside professionals shall include, without limitation, consultants who are not normally utilized by the Township or the reviewing board when an application presents issues which are beyond the scope of the expertise of the professionals who normally serve the reviewing board or the Township.
Includes, but is not limited to, time spent by a professional engineer, professional planner, attorney, traffic expert or other professional in connection with any of the following:
B.
Fees.
[Amended 12-14-2020 by Ord. No. 20-25]
(1)
Zoning permit fees. A nonrefundable zoning permit application review fee, calculated pursuant to the Department of Community Development Fee Schedule as adopted by resolution of the Township of North Brunswick Council, shall be paid to the Township of North Brunswick before any construction permit is issued, and prior to the commencement of use or before any structure is erected, restored, added to or structurally altered. The established fee shall be due at the time of the submission of the zoning permit application, and shall be payable to the Township of North Brunswick in connection with projects such as, but not limited to, new use or tenant, new buildings, building additions or alterations, decks, porches, sheds, gazebos, pergolas, fences, patios, detached garages, above- or in-ground pools, solar panels, generators, finished basements, signs, antennas, temporary portable storage units, temporary storage containers, and temporary tents. If more than one structure is proposed, the applicant shall pay applicable fees for each such structure.
(2)
Engineering permit fees. A nonrefundable engineering permit application review fee, calculated pursuant to the Department of Community Development Fee Schedule as adopted by resolution of the Township of North Brunswick Council, shall be paid prior to the construction of any nonresidential building or residential dwelling unit, installation of public and private improvements, private driveway expansion or extension, installation of in-ground pools, retaining walls, and alteration of existing grades. For the purposes of this subsection, "retaining walls" shall be defined as vertical, self-supporting structures which exceed 30 inches in height, and constructed of concrete, durable wood, masonry or other materials, and designed to resist the lateral displacement of soil or other materials.
(3)
Land use application fees. A nonrefundable development application fee, calculated pursuant to the Department of Community Development Fee Schedule as adopted by resolution of the Township of North Brunswick Council, shall be paid at the time of filing for an approval or appeal before the Zoning Board of Adjustment or Planning Board. If more than one approval is required, the applicant shall pay the fee required for each such approval.
C.
Technical review escrow deposits. A technical review escrow deposit calculated in accordance with this subsection shall be paid at the time of filing for any approval or action listed herein. The required escrow deposits for technical review fees shall be as follows:
[Amended 12-14-2020 by Ord. No. 20-25]
(1)
Minor subdivision (new additional lots created): $750 per lot. Lot line adjustment (no additional lots created): $500.
(2)
Preliminary major subdivision: $500 per lot for the first 10 lots, plus $200 per lot for all lots in excess of 10, including a minimum escrow deposit fee of $2,000 and up to a total maximum escrow deposit fee of $20,000.
(3)
Final major subdivision: 1/3 of the escrow deposit calculated for preliminary major subdivision.
(4)
Site plan.
(a)
For nonresidential development: an amount equal to $0.15 per square foot up to 15,000 square feet of lot area, plus $0.05 per square foot for all lot area in excess of 15,000 square feet, including a minimum escrow deposit fee of $2,000 and up to a total maximum escrow deposit fee of $20,000. In cases where only a portion of the parcel or site is to be involved in the proposed site plan, the fee shall be based on the total area of disturbance, including grading and landscaping.
(b)
For residential development: an amount equal to $200 per unit for the first 50 units, plus $100 per unit for all units in excess of 50, including a minimum escrow deposit fee of $2,000 and up to a total maximum escrow deposit fee of $20,000.
(c)
Site plan waiver request: $500.
(5)
Revised subdivision and site plan submissions. One-third of the total escrow deposit calculated for the original submission.
(6)
General development plan: $2,000.
(7)
Conditional uses: $2,000.
(10)
Development permit (N.J.S.A. 40:55D-34 and 40:55D-35): $1,000.
(12)
Appeal from decision of Zoning Officer: $750.
(13)
Interpretation of Zoning Map or ordinance: $750.
(14)
Request for zoning change: $2,000.
(15)
Certificate of nonconformity (N.J.S.A. 40:55D-68): $750.
(16)
Requests for processing of sanitary sewer or potable water applications: $500.
(17)
Special meetings (scheduled and convened for the benefit of an applicant): $2,500 per meeting.
D.
Technical review fees.
(1)
General. A technical review fee shall be charged by the Township against the escrow deposit. The amount of the technical review fee to be charged by the Township shall be equal to the professional costs incurred by the Township during the application process.
(2)
Components of technical review fee. The technical review fee to be charged against the escrow deposit shall include the following components:
(a)
The dollar amount of all charges by outside professionals (as defined herein) for professional services rendered to the Township and/or the reviewing board in connection with the application, plus all actual out-of-pocket disbursements incurred in regard to such services. All charges for services by each outside professional shall be billed at the same rate as all other work of the same nature performed by such professional for the Township when fees are not reimbursed or otherwise imposed on an applicant. Charges for professional services of outside professionals shall be based upon a schedule of fees established by appropriate action of the Township Council or review board.
(b)
The dollar amount of the hourly base salary of each in-house professional (as defined herein) who has rendered professional services to the Township and/or the reviewing board in connection with the application multiplied by both of the following:
E.
Post land use approval escrow deposits. A post land use approval escrow deposit to support inspection fees shall be required to be posted prior to the issuance of any Township permits to construct public improvements or private site work improvement as specified in § 205-133.6D of the Code as follows:
(1)
The developer shall, at the time of filing for any Township permits to construct public improvements or private site work improvements as specified in § 205-133.6D herein, post an escrow deposit equal to the greater of $5,000 or 5% of the amount of the performance guaranty estimates.
(2)
The escrow deposit shall be equal to the total calculated for all performance guaranty estimates for public improvements and private site work improvements.
(3)
For those developments for which the escrow deposit is less than $10,000, the escrow deposit may, at the option of the developer, be paid in two installments. The initial amount deposited by the developer shall be 50% of the total required escrow deposit. When the balance on deposit drops to 10% of the total required escrow deposit because the amount deposited by the developer has been reduced by the amount paid by the Township for inspection, the developer shall deposit the remaining 50% of the required escrow deposit.
(4)
For those developments where the escrow deposit is greater than $10,000, the escrow deposit may, at the option of the developer, be paid in four installments. The initial amount deposited by the developer shall be 25% of the total required escrow deposit. When the balance on deposit drops to 10% of the required escrow deposit because the amount deposited by the developer has been reduced by the amount paid by the Township for inspection, the developer shall deposit the remaining 25% of the required escrow deposit.
(5)
In the event that the final approval is by stages or sections of development, the provisions of this section shall be applied by stage or section.
F.
Components of inspections fees. The inspection fee shall include the following components:
(1)
The dollar amount of all charges by outside professionals (as defined herein) for professional services rendered to the Township and/or the reviewing board in connection with the application, plus all actual out-of-pocket disbursements incurred in regard to such services. All charges for services by each outside professional shall be billed at the same rate as all other work of the same nature performed by such professional for the Township when fees are not reimbursed or otherwise imposed on an applicant. Charges for professional services of outside professionals shall be based upon a schedule of fees established by appropriate action of the Township Council or reviewing board.
(2)
The dollar amount of the hourly base salary of each in-house professional (as defined herein) who has rendered professional services to the Township and/or the reviewing board in connection with the application multiplied by both of the following:
G.
Limitations on scope of charges for professional services.
(1)
All charges for professional services shall be reasonable and necessary given the status and progress of the application. Such charges shall be made only in connection with the following:
(2)
A professional shall not review items which are subject to approval by a state governmental agency and which are not under municipal jurisdiction, except to the extent that consultation with a state agency is necessary due to the effect of a state approval on the applicant's application.
(3)
If the Township or the reviewing board shall retain a different professional in place of the professional originally responsible for review of an application, the Township or the reviewing board, as the case may be, shall be responsible for all time and expenses for the new professional to become familiar with the application. Neither the Township nor the reviewing board shall charge the applicant's escrow deposit for such services.
(4)
Neither the Township nor the reviewing board shall bill an applicant or charge the applicant's escrow deposit for any municipal clerical or administrative functions, overhead expenses, meeting room charges or other municipal costs and expenses, except as provided for in this subsection, nor shall any professional add any such charges to his or her bill.
H.
Procedures for assessment of charges for technical review and inspection fees.
(1)
General procedures.
(a)
All technical review fee and inspection fee escrow deposits shall be placed into an escrow account which shall be maintained by the Chief Financial Officer of the Township of North Brunswick. The Chief Financial Officer shall make all payments from said escrow account.
(b)
All payments charged to an applicant's technical review fee and inspection fee escrow deposit shall be issued pursuant to vouchers from the professional performing professional services in connection with the application. All vouchers shall identify the professional performing the services, the dates when services were performed, the hours spent to at least one-fourth-hour increments, the hourly rate and the expenses incurred.
(c)
All outside professionals shall submit vouchers to the Chief Financial Officer on a monthly basis. A copy of the voucher shall be sent to the applicant simultaneously. All in-house professionals shall submit to the Chief Financial Officer, on a monthly basis, a statement containing the same information as the voucher of an outside professional. A copy of the statement shall be simultaneously sent to the applicant.
(d)
The Chief Financial Officer shall prepare and send to the applicant, on a monthly basis, a statement providing an accounting of the applicant's technical review fee and inspection fee deposits. The accounting shall include all deposits made, interest earned, disbursements made and cumulative deposit balance. Notwithstanding the foregoing to the contrary, if monthly charges to an applicant's deposit are $1,000 or less, such statement may be provided by the Chief Financial Officer on a quarterly basis.
(2)
Replenishing of deposit.
(a)
If a technical review fee or inspection fee escrow deposit shall be insufficient to enable the Township or the reviewing board to perform the required application reviews, the Chief Financial Officer shall notify the applicant (this notice is referred to herein as an "insufficiency notice") of both the insufficient deposit balance and the amount of additional funds required, in the judgment of the Chief Financial Officer, to cure the insufficiency. In order for work to continue on the application, the applicant shall, within a reasonable time period, post additional funds to the escrow account in an amount to be agreed upon by the Township (acting through its Chief Financial Officer) and the applicant.
(b)
The determination of insufficiency shall be made by the Chief Financial Officer in his or her reasonable discretion. Furthermore, as used herein, a "reasonable time period" for the posting of additional funds to the escrow account shall be no longer than 15 days after the date of the Chief Financial Officer's insufficiency notice. The applicant shall be deemed to agree to the terms of the insufficiency notice unless within 15 days after the date of such notice the applicant shall deliver to the Chief Financial Officer a written notice of objection.
(c)
If the applicant timely files such an objection, the applicant shall have the right to pay the amount requested under protest and the right to challenge the same in the Superior Court, Law Division, in an action in lieu of prerogative writs filed within 45 days after the applicant received the Chief Financial Officer's final accounting with respect to the applicant's technical review fee deposit.
(d)
If the applicant fails to timely pay (under protest or otherwise) the amount requested, the Township, the reviewing board and all professionals shall have the right to cease all further work on the application immediately, and the reviewing board shall have the right to deny, without prejudice, any pending application because of the applicant's failure to post additional technical review fees needed for the proper review of such application. In no event shall any approved plans be signed or delivered to the applicant nor shall any construction permits, certificates of occupancy or other approvals or authorizations be issued to an applicant when there exists any deficiency in the applicant's technical review fee or inspection fee deposits.
(3)
Final accounting and return of unused balance of deposit. After the reviewing board has granted final approval and signed the approved subdivision plat or site plan or otherwise taken final action on the application or upon completion of the construction of the improvements for which an inspection escrow has been posted, the applicant shall provide written notice of the same, by certified mail, returned receipt requested, or by personal delivery, to the Chief Financial Officer, the reviewing board and all professionals who have rendered services in connection with the application. Within 30 days after receipt of such notice, each professional shall submit a final bill to the Chief Financial Officer with a copy to the applicant. The Chief Financial Officer shall render to the applicant a final accounting within 45 days after receipt of all final bills and/or statements. The Chief Financial Officer shall return to the applicant with the final accounting any unused balance of the deposit, including any interest earned thereon.
(4)
Interest and administrative expenses.
(a)
Whenever an amount of money in excess of $5,000 shall be deposited by an applicant with the Township for technical review fee deposits, for inspection fees or to satisfy the requirement for any performance guaranty or the requirement for any maintenance guaranty pursuant to this chapter, such money, until repaid or applied for the purposes for which it was deposited, including the applicant's portion of the interest earned thereon, shall continue to be the property of the applicant and shall be held in trust by the Township, except as otherwise provided for in this section.
(b)
The Township shall deposit such money in a banking institution or savings and loan association located in the State of New Jersey and insured by an agency of the federal government or in any other fund or depository approved for such deposits by the State of New Jersey. Such monies shall be maintained in an account bearing interest at the minimum rate currently paid by such institution or depository on time or savings deposits.
(c)
The Chief Financial Officer shall notify the applicant, in writing, of the name and address of the institution or depository in which such deposit is made and the amount of the deposit. The Township 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 for any year, that entire amount shall belong to the applicant and shall be refunded to the applicant by the Township annually or at the time the deposit is repaid or applied to the purposes for which it was deposited, as the case may be. Notwithstanding anything to the contrary hereinabove, the Township may retain for administrative expenses a sum equal to 33 1/3% of the annual interest earned by such deposit. The amount so retained shall be in lieu of all other administrative and custodial expenses charged by the Township in connection with the deposit.
§ 205-140 Interpretation of provisions.
In the application and interpretation of this chapter, all provisions hereof shall be held to be minimum standards or requirements adopted for the promotion of the public health, safety, convenience and general welfare of the Township of North Brunswick. Whenever the requirements of this chapter are at variance with the requirement of any other lawfully adopted rules, regulations or ordinances, the most restrictive, or that imposing the higher standards, shall govern.
§ 205-141 Violations and penalties.
For each and every violation of the provisions of this chapter, the owner, contractor or other persons interested as lessee, tenant or otherwise, in any building, premises or land where such violation has been committed or shall exist, shall be subject to a fine of not more than $200 or imprisonment for a period not to exceed 90 days, or both, at the discretion of the court before whom a conviction may be had. Each and every day that such violation continues or exists shall be considered as a separate and specific violation of this chapter and not as a continuing offense. In addition, the Township, the Zoning Officer or any property owner or owners shall have such other remedies as provided by law.
§ 205-142 Amendments.
All amendments to this chapter and to the Zoning Map which forms a part hereof shall be adopted in accordance with the provisions of the New Jersey Revised Statutes, Title 40, Chapter 55, as amended and supplemented.
§ 205-143 Continuation of existing applications for development.
All applications for development filed prior to the effective date of this chapter shall be continued, but any appeals arising from decisions made on any such application shall be governed by this chapter.
§ 205-144 Filing of copy.
Immediately upon adoption of this chapter, the Township Clerk shall file a copy of this chapter with the County Planning Board as required by law. The Township Clerk shall also file with said County Planning Board copies of all other ordinances of the municipality relating to land use.
§ 205-145 Repealer.
All ordinances or parts of ordinances inconsistent with this chapter are hereby repealed to the extent of such inconsistency including the following:
A.
"An Ordinance to Limit and Restrict to Specified Zones and to Regulate Therein Buildings and Structures, According to Their Construction and the Nature and Extent of Their Use and the Nature and Extent of the Uses of the Land in the Township of North Brunswick, Middlesex County, New Jersey, Including the Right to Regulate and Restrict the Height, Number of Stories and Size of Buildings and Other Structures, the Percentage of the Lot That May Be Occupied, the Size of Yards, Courts and Other Open Spaces, the Density of Population and the Location and Use and Extent of Use of Buildings and Structures and Land for Trade, Industry, Residence or Other Purposes," and amendments and supplements thereto.
B.
"An Ordinance Establishing Rules, Regulations and Standards Governing the Subdivision of Land Within the Township of North Brunswick, Pursuant to the Authority Set Forth in Chapter 433 of the Laws of 1953, and Amendments and Supplements Thereto, Setting Forth the Procedure to be Followed by the Planning Board in Applying and Administering These Rules, Regulations and Standards and Providing Penalties for the Violation Thereof," adopted June 21, 1954, and thereafter amended.
C.
"An Ordinance of the Township of North Brunswick, Establishing a Planning Board and a Zoning Board of Adjustment Pursuant to the Provisions of Chapter 291 of the Laws of New Jersey 1975, Providing for the Powers of Said Boards, Fixing the Procedures Governing Applications to Said Boards and Appeals Therefrom and Providing for the Continuance of the Existing Ordinance."