The fee for applications requiring a Planning Board or Zoning Board of Adjustment public hearing shall be $100. The fee to adjourn or reschedule a hearing already on the agenda due to the applicant's failure to appear, at the request of an applicant, or the applicant's failure to notify or publish properly, or other applicant-caused delays shall be $200 per incident plus the resubmittal of the original hearing fee.

The fee for a hearing scheduled at a special meeting held at the request of the applicant shall be a flat fee of $1,000.

The fee for an informal review of a concept plan shall be $200.

Fees to compensate the City for the expense of processing applications submitted to the Planning Board and/or Zoning Board for development within the Special Flood Hazard (SFHA) shall be paid with the application.

In accordance with the authority granted it pursuant to N.J.S.A. 40:55D-8 and 53.2 et. seq., the Municipal Council hereby establishes the fees as set forth in this section as escrow deposit fees governing the review of applications before the Planning Board, and Zoning Board of Adjustment. These fees are intended to cover the costs of professional services including but not limited to planning, engineering, legal, landscaping, traffic, environmental and other reasonable and necessary expenses incurred by the approving authority for the review of submitted materials for specific applications.

An applicant shall deposit with the City an amount of money determined in accordance with this section and the applicable provisions of N.J.S.A. 40:55D-1 et seq. (1) to pay for the services of professionals employed by the City or the approving authority to review the application for development and to review and prepare documents in accordance with N.J.S.A. 40:55D-53.2; (2) for inspection fees in accordance with N.J.S.A. 40:55D-53; (3) to satisfy the guarantee requirements of N.J.S.A. 40:55D-53; and (4) for any other purposes permitted under the provisions of N.J.S.A. 40:55D-1 et seq. or other applicable law. The City shall deposit the money in an escrow account in accordance with N.J.S.A. 40:55D-53.1.

The Chief Financial Officer of the City shall hold all fees required for these purposes in escrow. Each applicant shall provide the Chief Financial Officer with a Federal Tax Identification Number or Federal Social Security Number. All fees are to be made out to the City of Plainfield. All deposits in excess of $5,000 shall be held in trust by the City in an interest bearing account in a banking or savings and loan institution in New Jersey. This institution shall be insured by an agency of the federal government. The Chief Financial Officer shall notify the applicant in writing of the name and address of the institution or depository in which the deposit is made and the amount of the deposit. If the amount of interest exceeds $100, the entire amount shall belong to the applicant and shall be refunded to him/her by the Chief Financial Officer annually or at the time the deposit is repaid or applied to the purposes for which it was deposited. The City may retain for administrative expenses a sum equivalent to no more than 33 1/3% of that entire amount which shall be in lieu of all other administrative and custodial expenses.

Deposits required for inspection fees and to satisfy the guaranteed requirements in accordance with N.J.S.A. 40:55D-53 shall be established, maintained, and administered in accordance with the provisions of that statutory section, and applicable sections of Chapters 13 and 17 of the Municipal Code.

The chief financial officer of the City shall make all payments to professionals for fees or charges in connection with services rendered to the City or the approving authority for review of applications for development, review and preparation of documents, inspection of improvements, or other purposes permitted under law. Such fees or charges shall be based upon a schedule established by resolution of the approving authority. The application review and inspection charges shall be limited to professional charges for review of applications, review and preparation of documents and inspections of developments under construction and review by outside consultants when an application is of a nature beyond the scope of the expertise of the professionals normally utilized by the City. The only costs that shall be added to any such charges shall be typical out of pocket expenses of any such professionals or consultants incurred in processing applications and conducting inspections. The City or approving authority shall not bill the applicant for any municipal clerical or administrative functions, overhead expenses, meeting rooms charges, or any other municipal costs and expenses except as provided for N.J.S.A. 40:55D-53, nor shall any municipal professional add such charges to any bill. If the salary, staff support and overhead for a professional are provided by the City, the charge shall not exceed 200% of the sum of the products resulting from multiplying (1) the hourly base salary of each of the professionals, which shall be established annually by ordinance by (2) the number of hours spent by the respective professional on the review of the application for development or inspection. For other professionals such fees and charges shall be at the same rate as all other work of the same nature performed by the professional for the municipality when fees are not reimbursed or otherwise imposed on applicants or developers.

Schedule of required fees for escrow deposits. For deposits required pursuant to N.J.S.A. 40:55D-53.2, the amount of the deposit shall be reasonable in regard to the scale and complexity of the development. The amount of the initial deposit shall be established by ordinance and this amount shall be a cumulative total of the following specific approval requests.

Escrow procedures:

The following close-out procedures shall apply to all deposits and escrow accounts and shall commence after the approving authority has granted final approval and signed the subdivision plat or site plan, in the case of application review escrow's and deposits, or after the improvements have been approved, in the case of improvement inspection escrow and deposits:

Appeal procedures:

General provisions:

Any applications that are not described above are required to submit a minimum in escrow of $2,500 for Zoning Board of Adjustment and $5,000 Planning Board at the time of the initial application submission.

Affordable housing development fees shall be paid by all developers other than developers of exempt developments and affordable inclusionary housing developments and shall consist of monies paid by an individual, person, partnership, association, company or corporation for the improvement of property. Affordable housing development fees collected shall be used for the sole purpose of providing low- and moderate-income housing.

Fee calculations. Fees shall be based on the equalized assessed value, which shall be the value of a property determined by the City Tax Assessor through a process designed to ensure that all property in the municipality is assessed at the same assessment ratio or ratios required by law. Estimates at the time of building permit may be obtained by the City Tax Assessor utilizing estimates for construction cost. Final equalized assessed value will be determined at project completion by the City Tax Assessor.

For all residential development within the City of Plainfield, developers shall pay a development fee of 1.5% of the equalized assessed value of the residential development, provided no increase in density is permitted. When an increase in density is permitted pursuant to N.J.S.A. 40:55D-70d(5), known as a "d" variance, developers shall be required to pay a development fee of 6% of the equalized assessed value for each additional unit that may be realized. However, if the zoning on a site has changed during the two-year period preceding the filing of such a variance application, the base density for the purposes of calculating the bonus development fee shall be the highest density permitted by right during the two-year period preceding the filing of the variance application.

Example: If an approval allows four units to be constructed on a site that was zoned for two units, the fees could equal 1.5% of the equalized assessed value on the first two units; and 6% of the equalized assessed value for the two additional units, provided that zoning on the site has not changed during the two-year period preceding the filing of such a variance application.

Residential development fee exemptions.

For all nonresidential development within the City of Plainfield, developers shall pay a fee equal to 2.5% of the equalized assessed value of the nonresidential land and improvements, for all new nonresidential construction on an unimproved lot or lots and for development resulting from any additions to existing structures or other improvements to be used for nonresidential purposes.

Nonresidential development fees shall be imposed and collected when an existing structure is demolished and replaced. The development fee of 2.5% shall be calculated on the difference between the equalized assessed value of the preexisting land and improvement and the equalized assessed value of the newly improved development including land and improvements, at the time the final certificate of occupancy is issued. If the calculation required under this section results in a negative number, the nonresidential development fee shall be zero.

All developers of nonresidential development must complete Form N-RDF prior to applying for a construction permit or requesting a certificate of occupancy. A certificate of occupancy will not be issued without proof of payment of a nonresidential development fee or proof of exemption.

Eligible exactions, ineligible exactions and exemptions for nonresidential development.

Nonresidential development shall be substantiated in accordance with the exemptions required pursuant to P.L. 2008, c. 46, as specified in the Form N-RDF "State of New Jersey Non-Residential Development Certification/Exemption Form." Nonresidential development exempt from the development fee shall include nonresidential development that is an amenity made available to the public, including, but not limited to, recreational facilities, community centers, and senior centers, which are developed in conjunction with or funded by a nonresidential developer; and

A developer of a nonresidential development exempted from the nonresidential development fee pursuant to P.L. 2008, c. 46 approved July 17, 2008, (N.J.S.A. 52:27D-329.2) shall be subject to the fee at such time as the basis for the exemption no longer applies, and shall make the payment of the nonresidential development fee, in that event, within three years after that event or after the issuance of the final certificate for occupancy of the nonresidential development, whichever is later.

If a property which was exempted from the collection of a nonresidential development fee thereafter ceases to be exempt from property taxation, the owner of the property shall remit the fees required pursuant to this section within 45 days of the termination of the property tax exemption. Unpaid nonresidential development fees under these circumstances may be enforceable by the City of Plainfield as a lien against the real property of the owner.

Upon the granting of a preliminary, final or other applicable approval for a development, the applicable approving authority shall direct its staff to notify the construction official responsible for the issuance of a construction permit.

For nonresidential developments only, the developer shall also be provided with a copy of Form N-RDF "State of New Jersey Non-Residential Development Certification/Exemption Form" to be completed as per the instructions provided. The developer of a nonresidential development shall complete Form N-RDF as per the instructions provided. The construction official shall verify the information submitted by the nonresidential developer as per the instructions provided in the Form N-RDF. The City Tax Assessor shall verify exemptions and prepare estimated and final assessments as per the instructions provided in Form N-RDF.

The construction official responsible for the issuance of a building permit shall notify the City Tax Assessor of the issuance of the first building permit for a development which is subject to a development fee.

Within 90 days of receipt of that notice, the City Tax Assessor, based on the plans filed, shall provide an estimate of the equalized assessed value of the development.

The construction official responsible for the issuance of a final certificate of occupancy shall notify the City Tax Assessor of any and all requests for the scheduling of a final inspection on property which is subject to a development fee.

Within 10 business days of a request for the scheduling of a final inspection, the City Tax Assessor shall confirm or modify the previously estimated equalized assessed value of the improvements in the development; calculate the development fee; and thereafter notify the developer of the amount of the fee.

Should the City of Plainfield fail to determine or notify the developer of the amount of the development fee within 10 business days of the request for final inspection, the developer may estimate the amount due and pay that estimated amount consistent with the dispute process set forth in N.J.S.A. 40:55D-8.6.

Fifty percent of the total estimated development fee shall be collected at the time of issuance of the building permit. The remaining portion shall be collected at the issuance of the certificate of occupancy. The developer shall be responsible for paying the difference between the fee calculated at the issuance of the building permit and that determined at the issuance of the certificate of occupancy.

A developer may challenge residential development fees imposed by filing a challenge with the County Board of Taxation. Pending a review and determination by the Board, collected fees shall be placed in an interest bearing escrow account by the City of Plainfield. Appeals from a determination of the Board may be made to the Tax Court in accordance with the provisions of the State Tax Uniform Procedure Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party.

A developer may challenge nonresidential development fees imposed by filing a challenge with the Director of the Division of Taxation. Pending a review and determination by the Director, which shall be made within 45 days of receipt of the challenge, collected fees shall be placed in an interest bearing escrow account by the City of Plainfield. Appeals from a determination of the Director may be made to the tax court in accordance with the provisions of the State Tax Uniform Procedure Law, N.J.S.A. 54:48-1, et seq., within 90 days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party.