Perth Amboy City Zoning Code
ARTICLE VI
Fees and Escrow Amounts
§ 430-54 Fees and escrow amounts established.
A.
Conventional applications.
(1)
Required fees and escrow amounts. The following list of applications must be accompanied, at the time of submission of the application, by the fees and escrow amounts set forth in the schedule below. These fees and escrow amounts shall consist of the sum of the following.
(a)
In Column A, an administrative fee which is charged to the applicant to cover the costs associated with the clerical processing and filing of the application, which fee shall be nonrefundable.
(b)
In Column B, a professional review escrow amount which shall be deposited into the professional review escrow account maintained by the Municipal Treasurer. The deposit required of the applicant and deposited into the professional review escrow account shall cover the costs associated with the required review of the application by the Zoning or Planning Board's Engineer, Planner, administrative officer or Attorney and, for applications submitted pursuant to N.J.S.A. 40:55D-1 et seq., such other professionals as the Boards may reasonably require, which review may include a written report on the application to be submitted to the Board. Prior to drawing moneys out of the professional review escrow account, each professional engaged by the Board shall submit an estimate of the anticipated cost of review of the application to the administrative officer at the Technical Review Committee meeting. Following the conclusion of the hearings and meetings regarding the application, any unused funds deposited by an applicant into the professional review escrow account shall be refunded to the applicant.
(2)
Additional fees; request for additional professional review. An applicant may request that a Board professional schedule additional time, in excess of that covered by the moneys paid into the professional review escrow account, for review of a specific application. If the Board professional consents to such a request, both the applicant and the professional shall sign a consent form authorizing such additional review. When the additional review is completed, the professional shall submit an invoice to the administrative officer, detailing the number of hours expended for such review, the professional's fee and a description of the work performed. Said invoice shall be due and payable by the applicant prior to memorialization of the Board's decision on the particular application. After receiving estimates by the Board professionals, the administrative officer shall notify the applicant, in writing, of any additional escrow fees required to complete the review of said application.
Schedule | ||
|---|---|---|
Conventional Applications [Amended 9-14-2011 by Ord. No. 1574-2011] | ||
Type of Development Application | Column A Administrative Fee | Column B Professional Review and Escrow Fee |
Minor subdivision | $500 | $1,500 |
Major subdivision | ||
Preliminary | $1,000 | $1,500 + $100/lot |
Final | $500 $250 | $750 $50/lot |
Minor site plan | $500 | $2,500 |
Major site plan | ||
Residential preliminary | $1,500 | $3,500 + $100/dwelling unit |
Residential final | $750 + $25/unit | $1,000 + $50/unit |
Retail preliminary | ||
Less than 10,000 square feet | $750 | $3,500 |
Less than 20,000 square feet | $1,000 | $4,500 |
More than 20,001 square feet | $1,250 | $6,000 |
Retail final | $350 | $1,500 |
Office preliminary | ||
Less than 10,000 square feet | $500 | $1,500 |
Less than 30,000 square feet | $600 | $2,500 |
More than 30,000 square feet | $700 | $4,000 |
Office final | $250 | $1,500 |
Industrial preliminary | $250 $15./1,000 square feet | $2,500 $50/1,000 square feet |
Industrial final | $100 | $1,500 |
Planned development overall plan | $2,500 | $5,000 |
Other planned developments (as defined in N.J.S.A. 40:55D-6) | $2,500 | $5,000 |
Planning permits (pursuant to N.J.S.A. 40:55D-34 and 40:55D-35) | $250 | $1,500 |
Applications for variance (as set forth in N.J.S.A. 40:55D-39a, appeal from Administrative official or agency) | $100 | $1,500 |
Conditional use (all conditions satisfied heard by Planning Board N.J.S.A. 40:55D-70d) | $350 | $3,000 |
Interpretation (pursuant to N.J.S.A. 40:55D-70b) | $200 | $1,000 |
Application for use variance (pursuant to N.J.S.A. 40:55D-70d) | $200 | $2,000 |
Certificate of preexisting nonconforming use (pursuant to N.J.S.A. 40:55D-68) | $100 | $500 |
Informal conceptual review Proposed small-scale development (less than 10 acres) | $100 | $1,500 |
Proposed large-scale development (more than 10 acres) | $100 | $2,500 |
Bulk and use variance (pursuant to N.J.S.A. 40:55D-70c and d) Single or double undersized lots variance (application involving only 1 lot occupied or to be occupied by only 1 single-family dwelling) | $100 | $350 |
Application by single or two-family homeowner of single lot or bulk variances (homeowner application involving remodeling or expansion of existing home) | $100 | $250 |
Resubmission of plans (required for all applications) | $0 | 1/3 of original escrow fee |
Zoning Permit Application Review Fee | $25 | |
Resubmission Zoning Permit Application Review Fee | $15 | |
Request for Zoning Information | $25 | |
(3)
Variances and exceptions. In addition to the administrative fees and professional review escrow amount set forth in the schedule above, additional professional review escrow amounts, where applicable, and in the following amounts shall also be paid by the applicant. Thus the total amount paid by the applicant should consist of the sum of the administrative fee, plus the professional review escrow amount, plus the add-ons for requested building variances and exceptions.
(a)
For every bulk variance that is requested as part of the application, three hundred fifty dollars ($350) per variance.
(b)
For every exception (pursuant to N.J.S.A. 40:55D-51) that is requested as part of the application, one hundred fifty dollars ($150) per exception. The applicant or his agent shall request in writing this refund by certified mail.
[Amended 9-21-2005 by Ord. No. 1304-2005]
B.
Complex application.
(1)
[Repealed 9-14-2011 by Ord. No. 1574-2011]
(2)
Additional amounts; request for additional professional review. An applicant may request that a Board professional schedule additional time, in excess of that covered by the moneys paid into the professional review escrow account, for review of a specific application. If the Board professional consents to such a request, both the applicant and the professional shall sign a consent form authorizing such additional review. When the additional review is completed, the professional shall submit an invoice to the administrative officer, detailing the number of hours expended for such review, the professional's fee and a description of the work performed. Said invoice shall be due and payable by the applicant prior to memorialization of the Board's decision on the particular application.
C.
"D" variances. On each application for a "d" variance filed pursuant to N.J.S.A. 40:55D-70d, the applicant shall be required to post to the professional review escrow account a minimum amount of one thousand dollars ($1,000). The applicant shall also be required to post such additional amounts into the professional review escrow account as may be deemed to be reasonably required by the Board to appropriately consider the application. The amounts required pursuant to this subsection shall be required to cover the costs of review of the application by the Board's Engineer, Planner, administrative officer and Attorney, as well as the costs of possible review, in appropriate instances, by special professionals (e.g., traffic, landscaping and environmental professionals) required to review specific aspects of the applications. An applicant shall be notified in writing when additional amounts to restore the professional review escrow account shall become due and payable. Prior to withdrawal of any funds from this professional review escrow account, an invoice shall be submitted to the administrative officer setting forth the work performed for which such fees are being requested. Following conclusion of the hearings and meetings regarding the application, any unused portion of this professional review escrow account shall be refunded to the applicant.
D.
Fees for meeting.
(1)
Special professional meetings. Any applicant for development may request that a special meeting be scheduled between the applicant and its professionals and the Board planner, engineer and attorney. Such meetings shall be scheduled upon request of the applicant and at the discretion of the Chairperson or Board Attorney. If the request is directed to the Board Attorney, the Attorney shall notify the Chairperson, in writing, of the scheduled time and place of the meeting. The applicant shall post one thousand five hundred dollars ($1,500) in the professional review escrow account for such a meeting, which professional review escrow amount shall provide for a meeting of a minimum of one (1) hour and shall be deemed to include, for purposes of calculating the time of the Board's professionals, a minimum one-half (1/2) hour of preparation time and one-half (1/2) hour of post-meeting time. Said professional review escrow account shall be posted by the applicant prior to or at the commencement of the meeting.
(2)
Special Planning Board or Zoning Board of Adjustment meeting. Any applicant may request that a special meeting of a Board be scheduled and devoted exclusively to a single application. Such meeting shall be scheduled upon request of the applicant and at the discretion of either the Board Chairperson or his/her designee. Such special meeting shall be of no more than a three-hour duration. The time of the Board's professionals required to prepare for and follow up after such special meeting shall be charged against such professional review escrow account and shall be posted by the applicant prior to or at the commencement of the special meeting. If such a meeting shall, by agreement of the Board and the applicant, extend beyond the three-hour meeting time allotted, the applicant shall deposit any additional funds into the professional review escrow account which may be required to cover the costs of the additional time expended by the Board's professionals for such an extended meeting. All such additional amounts shall be paid by the applicant promptly after the meeting. In addition to the additional escrow amounts, the applicant shall also be required to pay an administrative fee equal to one-third (1/3) the original administrative fee for each special meeting held.
(3)
Where an application for development includes several approval requests, the sum of the individual required fees shall be paid, except that there shall be no cumulative fees charged to an applicant for individual bulk variances which may be part of a "d" variance application.
E.
Waiver and remission of fees.
(1)
The Board, when acting upon application, shall have the power, for good cause shown, to grant a remission or waiver from all or any portion of the fee schedules hereinabove established based upon any of the following.
(a)
The nonprofit status of the applicant.
(b)
A determination that collection of the fees would constitute an economic hardship upon the applicant.
(c)
The unique characteristics of the application, making collection of the full fees substantially disproportionate to the regulatory costs applicable to reviewing the application.
(d)
For other good cause established in the record.
(2)
The fees set forth in the aforementioned schedules are exclusive of any other charges which may be required by the municipality to cover the costs of the furnishing of copies, ordinances, lists of property owners or transcripts or the inspection of buildings or improvements in conjunction with the issuance of construction permits or certificates of occupancy.
(3)
In the event that any fees paid by an applicant into the professional review escrow account shall exceed five thousand dollars ($5,000), such applicant's account shall be placed into an interest-bearing trust account in conformance with the requirements of N.J.S.A. 40:55D-53.1. The applicant shall be notified, in writing, of the institution in which the deposit has been made and the amount of such deposit. Any interest earned on the account shall be applied in accordance with the provisions of N.J.S.A. 40:55D-53.1. The municipality shall keep records of all application fees paid in accordance with generally accepted accounting principles. The fees for all professional reviews of an application shall be charged to the applicant at the same rate and in the same manner as that charged by the professional to the municipality.